Justice Borden on Constitutional Interpretation and the First AmendmentPosted: August 5, 2012
Former state Supreme Court justice David Borden penned an excellent commentary in the Hartford Courant this weekend. The subject: the very serious problems with “originalism” as a mode of constitutional interpretation. As Justice Borden points out, if the First Amendment is interpreted as it was “understood” at the time it was adopted, folks like Rush Limbaugh and Rachel Maddow could be punished for much of what they say, which is often critical of the government and, more particularly, the men and women who govern. This is a “must read” for lawyers and members of the general public by one of the state’s most respected and thoughtful jurists.