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  • Somewhere along the line we started misinterpreting the First Amendment and this idea of the freedom of speech the amendment grants us. We are free to speak as we choose without fear of prosecution or persecution, but we are not free to speak as we choose without consequence.

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Somewhere along the line we started misinterpreting the First Amendment and this idea of the freedom of speech the amendment grants us. We are free to speak as we choose without fear of prosecution or persecution, but we are not free to speak as we choose without consequence.

The Constitution, in addition to delegating certain enumerated powers to Congress, places whole areas outside the reach of Congress' regulatory authority. The First Amendment, for example, is fittingly celebrated for preventing Congress from "prohibiting the free exercise" of religion or "abridging the freedom of speech." The Second Amendment similarly appears to contain an express limitation on the government's authority.

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