Madison also proposed that “no state shall violate the equal rights of conscience, or the freedom of the press.”97 This mirrored Madison’s fear that state governments would be the worst offenders against free speech, given that these—not the federal government—would be those whose laws and authority Americans were most frequently subjected to. In fact, Madison believed this to be “the most valuable amendment on the whole list.”98 Alas, it was rejected—with fateful consequences for free speech in America.
