Friday, June 13, 2014

Kopel says it all

an excerpt from the WaPo piece by David Kopel
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/04/21/the-first-amendment-guide-to-the-second-amendment/

The Amendment Is Not Limited to Its Core. First Amendment free speech/press is not only about politics, and the Second Amendment is not only about self-defense.

The First and Second Amendments Have Synecdoches. “Press” means more than just printing presses, and “arms” includes more than just weapons.

Rights That Are Not Expressly Stated May Be Inferred from Other Rights—Examples Include the Right of Association and the Right of Self-Defense. Both Amendments protect non-textual rights whose existence is readily inferred from the text.

Not All Original Practices Are Per Se Constitutional Today. Laws against blasphemy or seditious libel are clear examples in the First Amendment context. They warn us to not accept uncritically every possible municipal gun law from the Founding Era.

Both Amendments Accommodate Technological Change. The First Amendment applies to the modern press (e.g., television and blogs), and the Second Amendment applies to modern firearms and accessories.
Both Amendments Aim for the Preservation or Restoration of Ordered Liberty and Civic Virtue. They seek to cultivate  virtuous, responsible, and self-controlled citizens who will use their rights to improve the moral character of themselves and of the public, and who will preserve constitutionally ordered liberty.

Guns and newspapers are not like movies of men having sex with sheep. A point that is perhaps more obvious to the general public than to legal academia.