by Ken Shear
Led by Antonin Scalia, several justices of the U.S. Supreme Court have declared that the Constitution must be interpreted according to its original meaning -- or more precisely, what the Court majority might declare to be the official, legal version of history by virtue of their judicial authority. It is an Orwellian exercise, historical truth by government edict. Scalia has urged the First Amendment, in particular, should be limited to its “original meaning” which he deems much narrower than our current law of free expression. In Unoriginal Understanding, a monograph discussing the development of press freedom in eighteenth-century America, I review historical evidence showing this “originalist” view to be very questionable, and on a deeper level, how dangerous it is for judges to set themselves up as official arbiters of historical truth with regard to fundamental rights such as press freedom.