How Alcohol Helped Create The First Amendment

Professor Baylen J. Linnekin has written “Tavern Talk” & the Origins of the Assembly Clause: Tracing the First Amendment’s Assembly Clause Back to its Roots in Colonial Taverns.

From the abstract:

The First Amendment to the Constitution is “a cluster of distinct but related rights.” The freedom of assembly protected therein is one right that Americans exercise every day. With perhaps the exception of speech, assembly is the most widely and commonly practiced action that is enumerated in the Bill of Rights.

This freedom is also one of our least understood and least considered rights. Sometimes ignored and other times grouped with other freedoms, the right of those in America to come together peaceably deserves to be studied, respected, and celebrated.

To better understand the freedom of assembly in America, one must explore and understand its origins. Tracing the evolution of the freedom of assembly requires placing this freedom “within the context of culture.” Exploring the origins of the freedom of assembly in the context of culture requires tracing the right—as practiced—back to its fundamental situs, a term that can be used to ground rights in their proper place or places.

The proper situs of the Assembly Clause, research reveals, is in its birthplace: colonial America’s taverns. Colonial taverns served not just as establishments for drinking alcohol but as vital centers where colonists of reputations great and small gathered to read printed tracts, speak with one another on important issues of the day, debate the news, organize boycotts, draft treatises and demands, plot the expulsion of their British overlords, and establish a new nation.

Alcohol. There’s nothing it can’t do.

H/T: Hit & Run

FILED UNDER: Open Forum,
Doug Mataconis
About Doug Mataconis
Doug Mataconis held a B.A. in Political Science from Rutgers University and J.D. from George Mason University School of Law. He joined the staff of OTB in May 2010 and contributed a staggering 16,483 posts before his retirement in January 2020. He passed far too young in July 2021.

Comments

  1. Jay Tea says:

    This might be a good time to mention the birthplace of the United States Marine Corps…

    J.

  2. sam says:

    Tun Tavern, Philidelphia, PA