Clarence Thomas and the First Amendment


The First Amendment Center's David Hudson profiles the free speech jurisprudence of Supreme Court Justice Clarence Thomas:

The Court's ultimate originalist believes strongly in applying the original views of the Founding Fathers in interpreting the Constitution. In First Amendment law, Thomas has taken bold stances that distance him from his colleagues. Usually, in separate concurring opinions, he explains why he would overrule a leading First Amendment decision or why the Court has gone astray.

Sometimes, Thomas' positions cause him to advocate for greater protection for certain types of speech, such as commercial speech and campaign finance as speech. Other times, Thomas' views would dramatically curtail First Amendment freedoms – student speech, prisoner speech and the establishment clause. Suffice it to say, Thomas has gone his own way in many areas of First Amendment law.

Read the full article here.

(Via How Appealing.)