by Andrew P. Napolitano
“I prefer the tumult of liberty to the quiet of servitude.” – Thomas Jefferson (1743-1826)
It wasn’t until 1969 that the Supreme Court’s modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the constitutionality of the person’s speech, the courts will give every benefit and draw every inference to the speaker, and none to the government. This is so because the freedom of speech is a natural right, and thus it is always to be presumed constitutional and lawful.
I have argued elsewhere that because the essence of government is the negation of liberty, this presumption against the government should always be the case. Even when it purports to be protecting liberty, the government — because its existence without unanimous consent is based on stealing liberty and property — should always be presumed wrong, immoral, unconstitutional and unlawful. But the courts have only made that so in the case of the freedom of speech.