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Thread: Midnight Musings

  1. #1
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    Sep 2009
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    Midnight Musings

    I've been out of the world for a while, been taking a break from California's RKBA battle.
    Went to Istanbul, saw the Grand Prix. It was awesome.
    I hope all you guys and gals are all well and healthy.

    I was sitting in bed this evening and I started to have some thoughts, doubting thoughts which disturbed me and to me, bore some consideration.

    In Schenk v US, Holmes indicated that to incite panic by yelling fire in a theater would in no way be protected by First Amendment rights. Thus limiting the 1st amendment. In...Brandenburg(?) V (?) (Sorry memory is fuzzy) another justice indicated that speech creating imminent lawlessness or producing lawlessness would likewise be unprotected. Thus limiting the first amendment.

    In regards to 2nd Amendment rights, the right to keep and bear arms is protected (ideally).
    But if those acts incite lawlessness or produce panic. it still protected?
    Perhaps we might think that it is a matter of reason that a panic should not result from the bearing of arms. But that is a highly qualitative assessment. One could also argue that people should not panic upon hearing "fire" and should be reasonable.

    So now I a quandry? Do we boil it down to intent, and discard such thoughts?
    I'm always willing to question my beliefs, but in doing so I find myself a wee bit disturbed.

    Can anyone offer thoughts on this?

    Sent from my Droid

  2. #2
    Regular Member 1245A Defender's Avatar
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    Jul 2009
    north mason county, Washington, USA


    i remember when the great white band was playing in a road house,
    then the back drop of the stage caught on fire,
    people started yelling FIRE!@!,,, but nobody panicked, or even seemed to care, at ALL!
    finally people started to get burned by the fire,, that when they panicked!

    people see guns in holsters, on hips, nobody seems to care,
    when people start getting shot,, then they panic...
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  3. #3
    Newbie cato's Avatar
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    Oct 2006
    California, USA
    Dangerously discharging witout a self defense justification is akin to your fire analogy. Having the right to carry holstered pistols & slung or shouldered longarms is more akin to having the ability to speak. What you do with that ability determines the rest.

    Libel, slander, and perjury are also not protected speech.

  4. #4
    Regular Member
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    Sep 2009
    , ,
    I considered the same thing, but I felt like it was a little to easy to rationalize from that perspective because those are my beliefs, and I'm biased in thinking that way.

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