Scalia and Free Speech

by Michael O. Allen on April 10, 2008

I was wondering if you might indulge me and consider what Scalia is saying in this post.

Both Scalia and his teenage interlocutor seemed aware of some “Road to Damascus” conversion that Scalia had gone through in his Free Speech thoughts.

“I have the capacity to admit I made a mistake,” Scalia started out in answering the young man’s question before choosing a different tack.

First, what is the mistake on Free Speech that Scalia is referring to?

Second, Scalia’s conversion on Free Speech seems to contain a trap that I cannot quite put my fingers on.

Is it just his “Originalist” (static) take on the Constitution? Or, are there other flaws in his thinking (as he articulated them here) on this issue?

The conceit, of course, is that Scalia is an “originalist.” Bush v. Gore would, at least, seem to indicate otherwise. Here’s a link to the entire talk, if you have RealPlayer.

Topic open.

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