Of Course, the Framers Did Not Have Digital Recording

Ah, Antonin Scalia, how I laugh at thee. How I bristle at thy dissents and rail at thy duck hunting. But you have gone too far this time and offended me as a Pennsylvanian and shown enmity to my radical constitutional foundations. Recall that "A free press is necessary to the security of a free people." This is not Parliament in the 18th century. Hansard is not the only authoritative journal for your speeches. You are a public official who derives his income from public service. If you speak publicly, what you speak is in the public domain and is the intellectual property of the American taxpayer. When you retire from the Court, you have more rights over your words. Until then, you ought to put up with the press.

But of course, all that I say falls to dust if you did not ask one Melanie Rube, "a deputy federal marshal" to make sure that your speech was not recorded. But if you did, you ought to be impeached for abuse of your office.

ESA(20040408.1)