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At 45 just words, the First Amendment has been a bulwark in protecting unpopular speech in the United States for more than 200 years. Whether that speech involved flag burning, the KKK, or unpopular political speech, the Amendment’s clear and concise statement that “Congress shall make no law…” has been an exceptionally-American statement of principal.
The First Amendment remains a clear statement by the American Founders that “democracy” or popular rule must be restrained in our republican form of government. Popular speech needs no special protections.
From reading the media these days, one might believe that political speech undertaken by the Koch Brothers, the Tea Party, and other politically-active Americans are less popular than the KKK. None other than Senate Majority Leader Harry Reid has called the Koch’s “un-American” for engaging in the political process.
So, why would the head of New Mexico’s free market think tank write about the First Amendment right now? One reason is that our own political representatives, led by Sens. Tom Udall and Martin Heinrich are working right now to undermine free speech by amending the First Amendment.
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