Both the general theme of this symposium and the specific topic of this panel give me the opportunity to stress how conservative we civil libertarians are! We do not think the Constitution should stay “in tune with the times” by diluting its human rights protections in times that are seen as especially dangerous. And, of even greater weight than what current civil libertarians think, or what current Justices say, is what the First Amendment Framers did: they deliberately omitted a general national security exception. In short, both the plain language and the original intent of the First Amendment belie any post-9/11 exception for any speech.

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