Of course, all this is moot - the 9th Circuit Court of Appeals are the nutcase judges of the country, and were responsible for the recent pledge of allegiance flap. If this hits the Supremes it'll be overturned or the Supreme Court will find a uniquely interesting way to dodge interpreting this bit of the Constitution as they have whenever it rears its ugly head.
The Founding Fathers could never have imagined the destructive potential of radiological weapons or hijacked airliners, if they could they certainly wouldn't have insisted that we had to grant the right of habeas corpus to people planning to use them
No one could have imagined a communication medium as powerful as the Internet, where anyone could communicate to millions with practically no effort at all. The "freedom of the press" was never meant to be applied in this manner.
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