The First Amendment During Days of Rage

Join the Tyler Lawyers Chapter for a lunch event!

Featuring:

• Hon. Matthew J. Kacsmaryk, District Judge, United States District Court, Northern District of Texas

What explains the atomization, tribalism, and subjectivism underlying Leftist political violence reminiscent of the Syndicalism Movement in the early 20th Century and the Days of Rage carnage of the 1970s?

First, we must understand the Truth Decay eroding the shared reality necessary to sustain our “civil religion.” Richard Epstein’s 2016 law review (Linguistic Relativism and the Decline of the Rule of Law) and Carl Trueman’s 2020 book (Rise and Triumph of the Modern Self) provide possible answers.

Second, to defend the Constitution using Textualist tools, we must untether the Free Speech Clause from a late 20th Century Expressivism that bears no resemblance to the First Amendment written, ratified, understood, and enforced for over 160 years.

Third, to combat domestic terrorism, the Free Speech Clause must be read using the same “text, history, and tradition” Textualism applied to other Amendments and Clauses — with an eye towards the historical application of law enforcement to organized crimes, conspiracies, and terroristic threats.

CLE credit pending

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.