The surprising faith of the group-libel restrictors in
prosecutors, judges, and juries
bobsheridan at earthlink.net
Wed Mar 7 08:51:02 PST 2007
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.
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