Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: dschapin; All
”… the thing that makes it harder for public figures to sue the media is actually the First Amendment."

With all due respect dschapin, this is probably not how the Founding States had intended for the 1st Amendment to be understood imo. This is evidenced by the fact that the Bill of Rights was originally intended to limit the powers of the federal government only, not those of the states.

It wasn’t until the 14th Amendment was ratified (under very questionable circumstances), that the states also obligated themselves to respect constitutionally enumerated rights.

H O W E V E R …

Note that John Bingham, the main author of Section 1 of the 14th Amendment (14A), had clarified that 14A did not take away state powers.

So since the states had the constitutionally unchecked 10th Amendment (10A) power to regulate our 1st Amendment-protected personal rights before 14A was ratified, they still had the power to do so after that amendment was ratified, 14A limiting, not prohibiting, such powers.

In fact, Justice Reed had noted that it is the job of judges to balance 10A-protected state powers with 14A-protected personal rights.

"Conflicts in the exercise of rights arise and the conflicting forces seek adjustments in the courts, as do these parties, claiming on the one side the freedom of religion, speech and the press, guaranteed by the Fourteenth Amendment, and on the other the right to employ the sovereign power explicitly reserved to the State by the Tenth Amendment to ensure orderly living without which constitutional guarantees of civil liberties would be a mockery." --Justice Reed, Jones v. City of Opelika, 1942.

142 posted on 02/27/2016 2:42:15 PM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Amendment10

I actually will agree with you there. Originally the bill of rights did just restrict the power of the federal government and not that of the states.


154 posted on 02/27/2016 2:49:10 PM PST by dschapin
[ Post Reply | Private Reply | To 142 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson