In a recent discussion sparked by the Hawaii Supreme Court's "Aloha Spirit" decision, co-blogger Josh Blackman proposed that the "Red Sox Spirit" could serve as a relevant interpretive framework for the Massachusetts Constitution. This idea was highlighted in a post by Ilya Somin on July 20, 2026.

The Red Sox Spirit, famously embodied by David "Big Papi" Ortiz's declaration, "This is our f-ing city and nobody gonna dictate our freedom," symbolizes protecting liberty and resisting tyranny, particularly against the so-called Evil Empire of Baseball.

Somin argues that under the "history and tradition" approach to constitutional interpretation, as applied by the US Supreme Court in the 2022 Bruen Second Amendment case, the Massachusetts Constitution should be interpreted in line with this spirit. He notes Massachusetts' historical significance as the first state to abolish slavery via its constitution in 1783, affirming that all men are "free and equal."

Today, Somin suggests that Massachusetts could apply the Red Sox Spirit to challenge rent control and exclusionary zoning policies that threaten property rights and exacerbate housing shortages, limiting citizens' liberty.

The discussion also touches on broader themes of resistance to federal coercion, referencing the Revolutionary War origins tied to arms possession by the Lexington and Concord minutemen and recent federal actions like Minnesota's "Operation Metro Surge," which may conflict with the Guarantee Clause.

This perspective offers a novel approach to state constitutional law, emphasizing local tradition and liberty as guiding principles.

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