The Supreme Court May Elevate the Second Amendment Above the First

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Is it more disruptive to use a gun in a crowded park, or to picket there?

, the plaintiffs are not demanding the right to merely carry the firearm; they are demanding the right to use the firearm for self-defense. Thus, the fundamental question is not whether the presence of firearms threatens public safety but whether their use threatens public safety. The answer should be obvious, and the lessons of First Amendment jurisprudence should apply.

When it has come to the First Amendment, as long as restrictions on individual liberty are reasonably related to preserving the public’s enjoyment of a given forum, judges may not declare those laws unconstitutional because they disagree with the law, would have weighed the costs and benefits differently, or prefer a different approach.

 

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Maybe start with don’t bring the gun. Exhibit A: Kyle Rittenhouse

GTFOH. REBALANCESCOTUS

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