Articles tagged as Cohen vs. California
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“Toward a New Jurisprudential Consensus: Common Good Originalism” – Josh Hammer in Public Discourse
In an essay for Public Discourse, JWI Affiliated Scholar Josh Hammer implores conservatives to embrace a new approach to originalism that emphasizes the common good. He argues that originalism has become entirely unmoored from conservatism rightly understood, particularly in light of Justice Gorsuch’s decision in Bostock v. Clayton County. It must be replaced by a […] -
“The Limits of ‘Free Speech'” – Josh Hammer in Newsweek
In a piece for Newsweek, Josh Hammer explores how conservatives should approach the issue of free speech from both a practical and philosophical perspective, in light of past comments made by Rep. Marjorie Taylor Greene’s (R-GA) that have recently surfaced. Although Hammer acknowledges the Left’s hostility to free speech, he cautions conservatives against appealing to […] -
“Moral Relativism is our True Constitutional Enemy” – Professor Hadley Arkes in The American Mind
In an article for The American Mind titled “Moral Relativism is our True Constitutional Enemy,” JWI Founder & Director Hadley Arkes uses the debate between Sohrab Ahmari and David French at The Catholic University of America in Washington, D.C. to illustrate the drift into moral relativism in our jurisprudence. Prof. Arkes traces the roots of […]