Revolutionaries vs. Lawyers
I am not a lawyer; I am a revolutionary. I mention this in response to Volokh posts [1, 2] on whether the First Amendment protects filming police. It doesn't -- it's an obvious stretch, and relies upon concepts like a protected "journalist" class who enjoys rights denied to the common person. Instead, the Ninth Amendment, combined with the Declaration of Independence, is what makes filming police a right.The Ninth Amendment simply says the people have more rights than those enumerated by the Bill of Rights. There are two ways of reading this. Some lawyers take the narrow view, that this doesn't confer any additional rights, but is just a hint on how to read the Constitution. Some take a more expansive view, that there are a vast number of human rights out there, waiting to be discovered. For example, some wanted to use the Ninth Amendment to insist "abortion" was a human right in Roe v. Wade. Generally, lawyers take the narrow view, because the expansive view becomes ultimately unworkable when everything is a potential "right".
I'm not a lawyer, but a revolutionary. For me, rights come not from the Constitution. Bill of Rights, or Supreme Continue reading
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