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Thread: "Prior Restraint" - The real battle against gun control

  1. #1
    Regular Member TFred's Avatar
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    "Prior Restraint" - The real battle against gun control

    Reading posts and articles lately, the pieces have fallen into place that reveal where our battle really lies. The concept of "Prior Restraint".

    Prior restraint is an evil word in the domain of the First Amendment (the Wiki article on the term doesn't even cover any other context!), while being the law of the land and status quo for the Second Amendment. I found reference to a recent court case that confirms this:

    Court rejects First Amendment concept in Second Amendment case

    “But it would be as imprudent to assume that the principles and doctrines developed in connection with the First Amendment apply equally to the Second, as to assume that rules developed in the Second Amendment context could be transferred without modification to the First,” the appeals panel reasoned.

    Why? Aren't all rights worthy of equal protection? Apparently not, according to the 2nd U.S. Circuit Court of Appeals. And they do open the door to how utterly ridiculous this point of view is by pointing out how inappropriate it would be to use Second Amendment "rules" on First Amendment issues. We've said all along that the media would go insane if they were faced with the same restrictions in their trade as we were with the legal use of firearms.

    Of course, there is absolutely no logical reason for this, and until we can expose and defeat this faulty ideology, we are chasing the tiger by the tail in all our anti gun-control efforts.

    TFred

  2. #2
    Regular Member TFred's Avatar
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    A couple interesting notes... while doing some further research on this subject, I discovered that Google indexes OCDO posts VERY quickly! In less than 30 minutes after posting, this thread was one of the top hits on a Google search of the subject. I guess the lesson to be learned is, be careful what you post, it WILL be seen, especially if anyone is looking for information on what you post about.

    Also, ran across this blog post, which sums up many of the "logical ends" to other applications of the idea of Prior Restraint.

    http://blog.joehuffman.org/2013/01/17/prior-restraint/

    ETA: This blog touches on the classic fallacy often used in the attempt to justify prior restraint - the "can't yell Fire! in a theater" baloney... I would submit that there are ZERO laws in the United States that say you cannot yell "Fire!" in a theater. I would continue on to say that, in the event of an actual fire IN a theater, that yelling "Fire!" in a theater is a perfectly appropriate thing to do - and would be quite equivalent to activating the fire alarm, which as we all know is not illegal either, unless you do it when there is NO fire! This is the opposite of "prior restraint" - making the act illegal only when the potential for, or actual harm is done, as all laws SHOULD be, including gun laws.

    TFred
    Last edited by TFred; 04-14-2013 at 02:37 AM.

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