The surprising faith of the group-libel restrictors in prosecutors, judges, and juries

[Robert Sheridan]

On Mar 7, 2007, at 7:36 AM, Rosenthal, Lawrence wrote:

> So what of trusting the judiciary to administer a revived  
> Beauharnais regime?  As Professor Volokh's own work demonstrates,  
> there is enormous appeal to bright-line rules.  Among other things,  
> they seem to effectively judge-proof the Constitution.

Judge-proof the Constitution?  Who do you think is going to make the  
bright-line rules that do that?  And change them as we roll along?   
Judges.  And Hitler-proof us?

Like it or not, the Constitution, or the one any of us could imagine,  
could not, I suspect, protect us from ourselves once we get the bit  
in our teeth.

rs
sfls
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