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Politics

Alcohol and the Origins of the First Amendment

Damon Root | 1.14.2011 3:42 PM

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Reason contributor and Keep Food Legal Executive Director Baylen Linnekin has posted a fascinating working paper to the Social Science Research Network entitled "'Tavern Talk & the Origins of the Assembly Clause: Tracing the First Amendment's Assembly Clause Back to Its Roots in Colonial Taverns." Here's a partial description from the abstract:

To better understand the freedom of assembly in America, one must explore and understand its origins. Tracing the evolution of the freedom of assembly requires placing this freedom "within the context of culture." Exploring the origins of the freedom of assembly in the context of culture requires tracing the right—as practiced—back to its fundamental situs, a term that can be used to ground rights in their proper place or places.

The proper situs of the Assembly Clause, research reveals, is in its birthplace: colonial America's taverns. Colonial taverns served not just as establishments for drinking alcohol but as vital centers where colonists of reputations great and small gathered to read printed tracts, speak with one another on important issues of the day, debate the news, organize boycotts, draft treatises and demands, plot the expulsion of their British overlords, and establish a new nation.

Download the paper here. (Via The Originalism Blog)

Read Linnekin on nannying celebrity chef Jamie Oliver right here and watch him talk government regulations and Washington, D.C.'s thriving food truck scene below:

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Damon Root is a senior editor at Reason and the author of A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books). His next book, Emancipation War: The Fall of Slavery and the Coming of the Thirteenth Amendment (Potomac Books), will be published in June 2026.

PoliticsNanny StateCultureCivil LibertiesPolicyHistoryAlcoholFree SpeechConstitution
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  1. Homer Simpson   16 years ago

    Ah, beer. Is there anything it can't do?

    1. Homer Simpson   16 years ago

      Alcohol - the cause of, and solution to, all of life's problems.

  2. Warty   16 years ago

    I like the ad for Sober College.

  3. Raven Nation   16 years ago

    We'd probably all be better off if Congress held its sessions in bars and had to consume a minimum amount of alcohol before proposing legislation.

    1. Despondent Chiefs Fan   16 years ago

      Piss off.

      [goes back to sobbing for the third straight decade]

      1. Cincinnatus   16 years ago

        Toughen up. You could have Mike Brown's Bengals to contend with.

      2. Raven Nation   16 years ago

        Also a Chiefs fan...sorry.

    2. Warty   16 years ago

      We'd all be better off if every fan of Team Modell drowned in a latrine ditch, but we can't all get what we want.

      1. Tulpa   16 years ago

        Don't worry, Warty, they'll be scarred after Big Ben "takes them to the bathroom" tomorrow.

        1. James Ard   16 years ago

          I'm looking for Ozzy's boys in an upset.

      2. Episiarch   16 years ago

        I just realized the Seahawks are playing the Bears Sunday. I expect them to get massacred, but I said that about the Saints too.

        1. Tulpa   16 years ago

          The Saints did get massacred.

          1. James Ard   16 years ago

            Roman Harper got massacred.

        2. Pro Libertate   16 years ago

          The Seahawks will lose in a dazzingly embarrassing manner. The law of the conservation of suckiness demands it.

  4. Hugh Akston   16 years ago

    Colonial taverns served not just as establishments for drinking alcohol but as vital centers where colonists of reputations great and small gathered to read printed tracts, speak with one another on important issues of the day, debate the news, organize boycotts, draft treatises and demands, plot the expulsion of their British overlords, and establish a new nation.

    I forsee a ban on all bars and taverns, just in case.

    1. mike   16 years ago

      Actually, one has to wonder in which jail and for how long one would end up were individuals to take up the actions described in their local taverns today.

  5. Cecil   16 years ago

    Waiting for a leftist troll to point out that freedom of speech and freedom of assembly only applies to bullshit sessions in a local tavern...Tony?..anyone?...

  6. Warty   16 years ago

    Just shut the fuck up, Mother Jones

  7. Hobie Hanson   16 years ago

    The history of bars as places where violent throwovers of government are plotted is exactly why we need to send SWAT teams to enforce the laws there. You never know how unpredictable subversive types are going to be.

    1. Betty Swollocks   16 years ago

      Take me in your mouth Hobie, you hot piece.

  8. Tulpa   16 years ago

    South Korea Reportedly Buries 1.4 Million Pigs Alive To Combat Foot And Mouth Disease

    I especially like the following incredulous HuffPost comment from 4:48 pm:

    South Korea is a backwards country, where they cruelly kill cats and dogs for consumptio?n. This did not really surprise me. It just strengthen?ed my disgust for this country. How can a GOVERNMENT order such incomprehe?nsible action? I have and will continue to boycott anything Korean.

    1. Nor West   16 years ago

      Yeah, I think a more appropriate comment could have been "How can a GOVERNMENT order such incomprehe?nsible action? I have and will continue to boycott anything Government."

      *note to crazies and pundits (but I repeat myself) "boycott" is NOT a call to violence, it is merely a peaceful and effective method of getting an organization's attention by ignoring them and whatever they produce.

  9. hmm   16 years ago

    Some damn good ideas have been hashed out over a beer. Like your place or mine?

  10. Jo Dern   16 years ago

    Wow, those guys actually raise some pretty good points!

    http://www.being-anon.it.tc

  11. rhea   16 years ago

    ready to go to a pub....

    http://www.pathtoasia.com/jobs/

    1. hmm   16 years ago

      The pub in Asia!!!!

  12. Pope Jimbo   16 years ago

    Tun's Tavern, Philly 1775

    Nuff said.

  13. Dan   16 years ago

    I'll bet they were allowed to smoke in their taverns.

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