In praising Samuel Alito, Ilya Somin is a bit unfair to Antonin Scalia. Scalia takes a pretty expansive view of First Amendment protections, after all; he was in the majority in the flag-burning cases (which I mentioned here). Scalia has said of one of the flag-burners, “I would have been delighted to throw Mr. Johnson in jail. Unfortunately, as I understand the First Amendment, I couldn’t do it.” And Raich notwithstanding, Scalia’s been pretty good on federalism; while I’d like to believe that Alito would, like Thomas, be even better, I’m not sure that Rybar, by itself, tells us that.
Notice to Readers: The American Spectator and Spectator World are marks used by independent publishing companies that are not affiliated in any way. If you are looking for The Spectator World please click on the following link: https://thespectator.com/world.
