The Bill of Rights was added to the U.S. Constitution to provide additional protection from the government to American citizens. The American Declaration of Independence declared, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The U.S. Constitution was written to protect these rights–not the rights of the government. Unfortunately, many Americans have forgotten that–including one Supreme Court Justice.
On Monday, PJ Media reported on the arguments regarding the First Amendment Case currently before the Supreme Court:
Justice Ketanji Brown Jackson, whom Joe Biden nominated to the high court, had a particularly disturbing position on the issue:
“So my biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” she told Louisiana Solicitor General Benjamin Aguiñaga. “I mean, what would — what would you have the government do? I’ve heard you say a couple of times that the government can post its own speech, but in my hypothetical, you know, ‘Kids, this is not safe, don’t do it,’ is not going to get it done.”
“And so I guess, some might say that the government actually has a duty to take steps to protect the citizens of this country,” Jackson continued. “And you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.”
Jackson said she was “really worried about that” scenario because “you’ve got the First Amendment operating in an environment of threatening circumstances from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.”
First of all, the First Amendment does hamstring the government because it limits the government from “abridging the freedom of speech, or of the press,” among other things. That’s a feature, not a bug of the First Amendment.
The purpose of the Bill of Rights is to hamstring the government and empower the people. It is disturbing that a Supreme Court Justice does not know this.