Quoted: Of course (and God bless those hypothetical leathernecks) - and being willing to live the consequences of one's actions is supremely important, and something that in my opinion is sadly disappearing from society.
That said, in the hypothetical world where the 1st amendement is "unrestricted" those Marines would be arrested, probably convicted for assault, and sued for every penny they own by the feces-smearer. After all, if the 1st were unrestricted, what the marines would do is no different from beating the crap out of an artist because you don't like his paintings, or climbing onto the stage at the opera and pummling the diva because you don't like her singing.
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Well, my comments were tongue-in-cheek, but you raise an interesting question.
We've had this argument before (not you and I, DK), but it bears repeating.
I am absolutely sure that the Founding Fathers were trying to guarantee the right of every citizen to be free to speak to complain about the government, especially if you read it in context.
But there's the rub.....they were talking about
speech, not "acts".
The modern courts have said that dancing naked is "speech". This is ridiculas and silly. Just because the stupid courts say it is speech doesn't make it so.
The Founding Fathers never in their wildest dreams would have thought the First Amendment was guaranteeing someone's right to smear a Memorial to our great warriors with fecal matter. The Founding Fathers would have been appauled to have heard that some stupid judge would call such actions "speech".
To smear a memorial with feces is an immoral and horrible act, and the perpetrator ought to be arrested and convicted of his crime.
The First Amendment recognizes our right to "SPEAK" whatever we please, especially in reference to critizising the government. That is all.
It does not give someone the "right" to make child pornography, to smear a memorial with feces, to publically dance naked against the wishes of society, or any other such thing.
No Founding Father would have ever thought that.