Emily Bazelon’s
impassioned assault on the First Amendment, made in the names, and on the behalves of, receptive parties in failed romantic relationships, publicly shamed by their former mates, characteristically misses its mark. If speech is actionable, its kind will always already have been chilled, e.g. by statutes that penalize libel or
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I think these 'ladies' want to pick and choose which 'moral' part of Victorian age and the freedom of 21st century they want regardless whether they are even compatible.
If they want 'free love', they would have forego Victorian 'morals', and vice versa. They cannot have both since they are philosophically incompatible.
It's like a 18 years-old boy not wanting to use a condom but still insists on ejaculating into vagina and complaining about having to pay for the upbringing of the child born thus.
About that constiutional protection part, if government gets 'enough' political support, then the government can violate the constitutional protection. It's not that I wish it that way, I'm simply observing.
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Indeed, but would they dare if they didn't have 'enough' political support in a democracy aka 'dictatorship of majority'?
"Whether or not it has the power to do so in the long run, remains to be seen."
In the 'long' run, we might as well be dead. In the 'long' run, executive order 9066 was rescinded. Did this deter FDR and would it deter future FDRs of the world? This is what worries me. Some of the pro-gun people were using 9066 as a precedent to round up 'muslims' in U.S. and now the 'chickens' may be coming home to roost.
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