When Ginsburg was interviewed on Al-Hayat TV in 2012 about where the new Egyptian government should look for inspiration, she cited the South African constitution, the Canadian Charter of Rights and Freedoms, and the European Council on Human Rights positively and said "I would not look to the U.S. Constitution" as a model for establishing a new state:
On the matter of free speech, note that the South African and Canadian constitutions, and the ECHR, all protect freedom of expression exclude hate speech as protected speech. It is VERY much in line with modern statecraft to do so, and the doctrinaire approach of the First Amendment (only established in 1969, by the way, before which the USA implemented speech restrictions not dissimilar from those seen elsewhere) is the outlier here. Also note that getting rid of the First Amendment is not getting rid of freedom of expression.
Granted, her position was not even as radical as mine, which is that we must rethink the constitution from the ground up and implement a new form of government more resistant to corruption, again drawing from examples of more modern statecraft -- a multiparty parliamentary system, for instance. All she was saying was that new governments should look elsewhere for a template.
Ginsburg's views that the U.S. constitution is the supreme law of the land, and must be hewed closely to and not played fast and loose with for as long as it is active, were congruent with mine.
https://africasacountry.com/2012/02/ruthbaderginsburg/
On the matter of free speech, note that the South African and Canadian constitutions, and the ECHR, all protect freedom of expression exclude hate speech as protected speech. It is VERY much in line with modern statecraft to do so, and the doctrinaire approach of the First Amendment (only established in 1969, by the way, before which the USA implemented speech restrictions not dissimilar from those seen elsewhere) is the outlier here. Also note that getting rid of the First Amendment is not getting rid of freedom of expression.
Granted, her position was not even as radical as mine, which is that we must rethink the constitution from the ground up and implement a new form of government more resistant to corruption, again drawing from examples of more modern statecraft -- a multiparty parliamentary system, for instance. All she was saying was that new governments should look elsewhere for a template.
Ginsburg's views that the U.S. constitution is the supreme law of the land, and must be hewed closely to and not played fast and loose with for as long as it is active, were congruent with mine.