Unoriginal Misunderstanding has two main points: to reclaim some lost historical evidence of deep American libertarian traditions of free expression, and to expose some deep flaws in the originalist approach to the First Amendment. (An online version of Unoriginal Misunderstanding, a new monograph, is available free here.) It shows how a promise of broad press freedom was instrumental in the founding of the Republic. A wealth of documentary evidence supporting this conclusion is reviewed, most of which has been overlooked in previous historical accounts, especially the work of Leonard Levy whose work is regarded by many as the leading scholarship in this area. Such omissions in leading historical works show how uncertain an endeavor it is for judges to declare from the bench what the "original meaning" of press freedom was several hundred years ago.

Ironically, the originalist approach is most often used to argue for a retreat from the deep American libertarian traditions that are embodied in the First Amendment. What we have actually inherited from the founders is a broadly worded promise of press freedom that reflected liberal views in much of the political writing of the time. Our responsibility is to preserve the guarantee and pass it on to those who follow us, keeping faith with the letter and the spirit of the Bill of Rights. This does not mean adopting some uncertain speculation about how narrowly people in the past may have thought, but rather accepting the responsibility to fulfill the broad promise that remains a part of our fundamental law in the present day.