@WickieLite @thor_benson (The answer, obviously, is that this is constitutional speech, whether done by a legislator or a citizen, but I’m at least curious about the supposed doctrinal hook)
@WickieLite @thor_benson Yeah, I’d be curious to see if he has a case or doctrine on point here... What if a legislature passed a “retaliatory law” absent an earlier threat? Is the concern about chilling speech? Does 1A bar passing a legitimate law if it is aimed at handicapping ideological opponents?
@Hahneric@kaichoyce People want the law to change. But originalists would prefer that changes are enacted by legislatures, not by judges with life tenure who are not beholden to the political process. Judges don’t have the democratic mandate to “morph” the law as they please.
@kaichoyce The more obvious explanation here is that you are misunderstanding originalism, and not that a constitutional law professor just sort of forgot about Article V