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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
So why am I not allowed threaten someone with violence, defame someone, scream fire in a crowded theatre? Heck, I can't even say certain words on the radio?
Why aren't the gun folks so upset over this?
Nothing has made it incapable for you to yell fire in a crowded theater, no one has cut out your tongue. You are punished for the act you do with it. These laws only punish those that commit criminal acts with that capability. Gun laws are aimed at the honest, law abiding person, not the actions of the criminal. IF we were to do the same with guns...we would eliminate all gun bans and background checks, and punish those that use them to commit criminal acts.
Lets make the things comparable. If you want to make the first comparable to the second, you have to make an honest comparison.
1) Anyone holding a public event would have to be licensed by the federal government (FFL equivalent).
2) We would have to make you go through a federal background check to participate in any kind of public assembly.
3) Political rallys would be limited to a maximum of 10 people. Dangereous "assault rallys" would be banned.
4) Signs would be limited to 10x10 inches in size.
5) There would be a three day waiting period before being allowed to participate in polictial speach.
6) The mentally insane, drug users, illegal aliens or those dishonorably discharged from the armed forces need not apply.
7) If you do want to have a rally with more than 10 people, everyone that attends has to pay a $200 fee, get finger printed, pass a federal background check and be approved by their local chief LEO. Oh, and wait 6 months for approval (NFA 1934).
Shall I go on? Ignorant people have been making this comparison for the last 40 years that I recall, never did make sense to anyone that thought about it.
Last edited by Toyman at Jewel Lake; 01-25-2013 at 09:07 AM..
We are all aware of that, we are also aware that there are already limits on the 2nd amendment and there are even laws against killing people with guns unless it's justified.
What's the point of this thread?
I'm just curious why all the gun nuts aren't upset about restrictions on the 1st amendment when they are ready to go to war over similar restrictions on the 2nd.
I'm just curious why all the gun nuts aren't upset about restrictions on the 1st amendment when they are ready to go to war over similar restrictions on the 2nd.
Answered above. When the government cuts your tongue out so you don't have the capability of exercising free speach, we can talk. Well, I guess not talk, but you can type me a response.
It's not legal to yell fire in a crowded theater.
It's not legal to shoot a bunch of people in a crowded theater either. No "gun nut" has proposed changing that.
But of course if the first was like some want to make the second...theaters wouldn't be crowded because only 10 people at a time could attend.
Under the Constitution, there can only be legal rights. For example, unlike the Second Amendment, which does not grant any rights but only secures those under the law, the First Amendment to the Constitution is a direct grant of fundamental rights to civil liberties (i.e., religion, speech, the press, petition and assembly) afforded protection by law. The source of these rights is the Constitution, which under the Supremacy Clause, is the supreme law of the land. See U.S. Const., Art. VI, cl. 2. In drafting the First Amendment, the framers of the Constitution intended to put these rights beyond state infringement. See Torcaso v. Watkins, 361 U.S. 488 (1961). Without the First Amendment (the "law"), these rights would be subject to abridgment and abrogation by the state. All rights are created by law. It is the law that defines our rights; it is the law that provides for their enforcement. To say that there is a right to anything, petitio principii, only to beg the question of their existence (and validity) under the law.
Gun owners will soon find themselves the more "well regulated".
Gun owners are already well regulated. Most of us will simply ignore any additional unconstitutional regulations placed on us due to the actions of a few other people.
I'm just curious why all the gun nuts aren't upset about restrictions on the 1st amendment when they are ready to go to war over similar restrictions on the 2nd.
You're curious because you aren't smart enough to understand the differences in the different restrictions. Have you even read anything people have posted in this thread?
Why are you so angry? I didn't recall attacking you personally. Calm down, this is an message board, I don't want to ruin your whole day.
Angry? I'm not angry. You effectively issued a challenge. This is fun for me, and you certainly didn't ruin my day - if anything, you improved it. I'm going to enjoy this.
Why did you cite that case? There were no charges of defamation. Did you even bother to read the list of charges against him? Here - since you must have missed it the first time:
Federal law supersedes all state law by the way, and state laws are required to adhere to The Constitution. Now, the feds can choose not to force states to adhere to federal law, as in these recent marijuana legalization stuff, but they have the right to.
I'm not going to keep repeating myself. Go back and re-read the thread if you're having difficulty keeping up.
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