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Thread: OC as freedom of Speech?

  1. #1
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    I don't know if this has been discussed before...

    Has anyone ever considered that Open Carry could be considered freedom of expression, which is an extension of the freedom of speech, similar to the black armbands college students wore during the Vietnam War?

    It would seem like banning Open Carry would be violating both the First and Second Amendment. Thoughts?

  2. #2
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    The fact that we have an amendment specifically for the RTKBA notwithstanding:

    "
    In 1968 in United States v. O'Brien, (4) while upholding a protester's conviction for burning his Selective Service draft card, the U.S. Supreme Court recognized symbolic speech as, "communication of ideas by conduct." (5) The Court pointed out, however, that a "limitless variety of conduct" (6) cannot be labeled speech just because the person acting wants to convey a message. In order to analyze the law prohibiting draft card burning, the Court devised a four-part test. The Court said restrictions on symbolic expression can only survive the O'Brien test if: 1. The restriction is within the constitutional power of the government. 2. The restriction furthers an important or substantial government interest. 3. The government interest is unrelated to the suppression of free speech (content neutral). 4. The incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest. (7)
    "

    - http://www.questia.com/googleScholar.qst;jsessionid=JTSGQ3ZnLJzvzZQWQ8GmG G9gG4x2kQkcLxXmgDcg6hzqzZcJJ4tm!1972610752?docId=5 008155897

    If you can prove that the restriction is not within the constitutional power of the government (2nd amendment) then why would you need to call on the 1st amendment?



  3. #3
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    zigziggityzoo wrote:
    I don't know if this has been discussed before...

    It has. In fact, the wording of the question was even identical. The search functionon this site sucks though, I so can't really blame you.

  4. #4
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    You are right. I hope to file suitfor violation of 1st, 2nd, and 4th amendments by Loveland, CO police. Havetalked with an attorney. Need a source of funding. Contace me: bill@holstersbybill.com

  5. #5
    Founder's Club Member Hawkflyer's Avatar
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    This has come up before. Depending on where you argue the matter you might win but as has been pointed out, once you show that the restriction is outside the authority of the government you don't need TSA.

    Of course I suppose you could always have a fold up sign handy in your back pocket to use while you demonstrate.

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