Home Judge’s Opinions Who Cares What the Government Thinks?

Who Cares What the Government Thinks?

by Andrew P. Napolitano

In 1791, when Congressman James Madison was drafting the first 10 amendments to the Constitution -- which would become known as the Bill of Rights -- he insisted that the most prominent amendment among them restrain the government from interfering with the freedom of speech. After various versions of the First Amendment had been drafted and debated, the committee that he chaired settled on the iconic language: “Congress shall make no law ... abridging the freedom of speech.”

​Madison insisted upon referring to speech as “the” freedom of speech, not for linguistic or stylistic reasons, but to. . .

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