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Gun Restrictions as Analogy for Justifying Speech Restrictions. E. Volokh

Doug_Nightmare

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https://reason.com/volokh/2020/11/11/gun-restrictions-as-analogy-for-justifying-speech-restrictions
E. Volokh said:
EUGENE VOLOKH | 11.11.2020 1:59 PM
I've often heard gun rights supporters object to restrictions on gun ownership by various people (including felons, people subject to domestic restraining orders, and the like) by analogy to speech restrictions: We wouldn't ban a person from public speaking just because he had once been convicted of a crime (assume he's out of prison now, and no longer on probation); why should we do the same as to guns? Conversely, the argument goes, if courts accept the gun restrictions, those restrictions would end up being used as analogy to restrict other rights, too.
I don't think this is an open-and-shut argument; different constitutional rights involve different kinds of risks, and are therefore often treated differently. It may well be that the dangers posed by gun ownership by people with a criminal record (especially a record of violent crime) may justify a ban, but the different dangers posed by speech wouldn't; and there is indeed more of a tradition—though only dating back about a century or less—of restrictions on gun ownership by felons.
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OC for ME

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Starts out with gun ownership...then uses gun restrictions...then back to gun ownership...words mean things and the terms we use are critical for effective communication... is there a higher court ruling pertaining to we exercising our 2A is not protected by our 1A?
 

CJ4wd

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Starts out with gun ownership...then uses gun restrictions...then back to gun ownership...words mean things and the terms we use are critical for effective communication... is there a higher court ruling pertaining to we exercising our 2A is not protected by our 1A?
Would it not be more correct to say that our 2A rights protects our 1A rights? Or, perhaps they are so intertwined that they protect each other?
 

Logan 5

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What I am seeing, both here in this conversation and in real life, is if you have a record, you're not free even though you're not in jail or prison. Right now I work part time on a ranch and in the performance of my job essentials I have had to put up with trespassers drawing down on me (x2) or brandishing weapons (x1). One instance was caught on video and I had half a dozen witnesses. Did it matter any? Nope. Sheriff's dept did absolutely nothing and the DA did absolutely nothing. Made my boss mad as a hornet.
 

OC for ME

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What I am seeing, both here in this conversation and in real life, is if you have a record, you're not free even though you're not in jail or prison. Right now I work part time on a ranch and in the performance of my job essentials I have had to put up with trespassers drawing down on me (x2) or brandishing weapons (x1). One instance was caught on video and I had half a dozen witnesses. Did it matter any? Nope. Sheriff's dept did absolutely nothing and the DA did absolutely nothing. Made my boss mad as a hornet.
So, what will you do?...your Boss?...the witnesses?...the next time that is...
 

JTHunter2

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Logan, I understand your frustration.
While not as serious, within a week's time, I have had two different vehicles pass on my left in that "center turn lane" (a 3 lane road). In the first, this woman in an SUV passed both the vehicle behind me AND me before speeding off above the 40 mph speed limit. As I had recently installed a dashcam in my car, it got a nice, clear view of her plates when she got stopped at a light and I was behind her. Called both city and county and neither one was interested in the footage.
In the second, there is no footage as I was turning right when this imbecile flew by me in the center lane. What could have been REALLY tragic is that was in a SCHOOL SPEED ZONE (20 mph) and he also crossed a crosswalk while in the center lane !
 

solus

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Monday had SC ambulance fly by and drive aggressively w/o emergency lites, up cars in their way on 795 outside of goldsboro NC towards wilson at 85+ call 911, nada responce.

Karma being what it is, the same vehicle forced me to suddenly brake as i was entering off ramp to 795 to return from wilson as they sped ahead up the ramp to again hit 85+...called SP this time but again no trooper for the next 25 miles...till they turned off...towards another expressway...

N & S 95 is nothing but a raceway of out of state vehicles constantly pushing 80+ - no sheriff/SP traps anywhere in sight
 

Logan 5

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Somehow JT, it's a lot different. As my boss compared it, it's a lot like someone driving their truck into your backyard, over your wife's garden, and then brandishing a firearm claim that it's their right, and the cops agreeing with them. This time it's my boss's garden, next time, it could be yours. And you can not do a damned thing about it. Sounds crazy, I'm sure of it, but it gets me to remember a Star Trek quote. “'With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied-chains us all irrevocably.' Those words were uttered by Judge Aaron Satie, as wisdom and warning. The first time any man's freedom is trodden on we're all damaged." (Capt. Jean Luc Picard quoting "Judge Aaron Satie" which has been traced to, in real life, to French composer Alfred Eric Leslie Satie (1866-1925).)
 

JTHunter2

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A nice quote Logan but the problem still boils down one simple fact - the "authorities" are failing to do their "sworn to" jobs.
It doesn't matter if it is the LEOs declining/failing to investigate or the city/county prosecutor declining/failing to prosecute as either situation leaves you (or your boss) in the same predicament - no "protection". As a result of their failures, YOU must take the necessary action(s) to protect yourselves. This might include seeking legal action against the (probably) elected prosecutor. If he is "appointed", that probably won't work however.
 
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