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Politics : Sharks in the Septic Tank

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To: Neocon who wrote (74281)	9/10/2003 2:51:57 PM
From: TimF	Read Replies (1) of 82486

Does the Constitution explicitly say that freedom of speech extends to speech broadcast by the mass media? Or is that inclusion a reasonable extrapolation? The constitution doesn't explicitly limit it to any media. I'm not sure that it is an extrapolation at all, and if it is, it is the smallest, most reasonable, least controversial and most obvious one that has been discused here. How about freedom of religion: does that mean that I can cook up a religion to avoid paying income taxes, or can the state promulgate tests of the legitimacy of a religion? The fact that I am a strict constructionist doesn't mean that I think no interpretation is ever needed. If we have freedom of religion it must be clear what religion means. Similarly the 2nd amendment recognizes the right to keep and bear arms but there is the question of what "arms" means. Do you have a right to personal nuclear weapons? Most people would say no. Does the Constitution give us a clue on how to define religion? No. Strict constructionism doesn't mean you think the constitution defines all of its own terms. What do we mean by "establishment" anyway? If we are not making a church official and state supported, can we be violating the Constitution? I think establishment as both a matter of English language and long legal tradition (predating the constitution) means that you make a church offical and/or state supported. If the definition really is in question then it does need to be settled but in this case the definition seems rather clear. If it really is unsettled then the court should try to determine the definition not look for the way they would like things to be and then find some idea that vaguely resembles something in the constitution to support their action. Tim

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