![]() ![]() ![]() Roosevelt’s New Deal legislation in the 1930s, when Black served as a U.S. Justice Black’s reading of the history of the Bill of Rights persuaded him that the authors meant literally what they wrote and that the restrictions on government contained in the First Amendment are unalterable.īlack’s textualism stemmed from his suspicions about the power of judges, feelings rooted in the efforts of a conservative Supreme Court to strike down much of Franklin D. Douglas developed and shared an absolutist approach to First Amendment freedoms. Black and Douglas developed First Amendment absolutist approach Also, to that end, these rights should never defer to other social values. ![]() (AP photo, used with permission from The Associated Press.)Ībsolutists believe that the wording “Congress shall make no law” in the First Amendment means that neither the federal nor state governments may pass laws that abridge the individual rights of religion, speech, press, and association. ![]() This approach is distinguished from a balancing approach to the First Amendment, which weighs First Amendment freedoms with other competing interests. The absolutist approach asserts that the rights in the First Amendment are unalterable. Douglas, the two men on the far left of this photo of Supreme Court justices in 1946, developed and shared an absolutist approach to First Amendment freedoms. ![]()
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