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Old 04-25-2014, 09:53 AM
 
Location: Newport Beach, California
39,239 posts, read 27,629,646 times
Reputation: 16074

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"The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights."

First Amendment to the United States Constitution - Wikipedia, the free encyclopedia

An extreme example would be Texas vs Johnson (1989)

Burning flag is legal now because it is protected by first amendment right. It is offensive to some people, but some people just have to deal with it because it is protected by constitution.

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"The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals[1][2] to keep and bear arms.[3][4][5][6] The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices"

Second Amendment to the United States Constitution - Wikipedia, the free encyclopedia

10 states with the strictest gun laws.

10 states with the strictest gun laws | Deseret News

One poster posted on another website

"Amazing the number of rules and requirements a state governments can put on a constitutional right. Let them try that with the 1st Amendment and see what happens."

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Some people argue that first amendment right should be unconditional, which I agree. I don't like seeing people burn flag, but I have to deal with it.

How about second amendment right, should it be unconditional as well?

Please discuss. Thank you
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Old 04-25-2014, 10:23 AM
 
4,130 posts, read 4,463,584 times
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I think there should be reasonible restrictions on both. You can't threaten to kill some one even though speech is free. I don't think people should have any firearm they wish if they see shapeshifting lizard people that aren't there, or are violent felons. The laws are on the books, but are not enforced.

What gets me is any time someone speaks about any restriction on gun purchases gun nuts like to start shrieking about Nazi's or that not letting unmedicated schizophrenics have any weapon they want (like Jared Lee loughner) somehow bans all weapons for everyone. So in pure volume and vitriol the discussion can never even take place. That discussions of that one subject are not free.

Usually it's people who wouldn't have guns if unmedicated mentally ill folks were restricted...like Alex Jones.
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Old 04-25-2014, 10:25 AM
 
Location: San Antonio, TX
702 posts, read 727,226 times
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There are some good "limits" on free speech like being able to seek damages for defamation or repercussions for yelling fire in a crowded theater and such.

I'm pro-2nd amendment, probably more than most libs. Everyone* should have the right to keep and have firearms under the constitution. However, firearms can cause immediate harm to others and in that vein the mentally unstable and convicted violent criminals shouldn't have easy access to them. That is just a common-sense limitation. I'm more interested in why felons can lose the right to vote. I feel that is more of a constitutional violation than not allowing them free access to firearms.
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Old 04-25-2014, 10:26 AM
 
Location: Portland, Oregon
46,001 posts, read 35,204,331 times
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There are restrictions to the first amendment, go into a crowded theater and yell "FIRE!" And you will see how quickly your freedom of speech is restricted when the police arrest you for that act.
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Old 04-25-2014, 11:03 AM
 
Location: Newport Beach, California
39,239 posts, read 27,629,646 times
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Quote:
Originally Posted by urbanlife78 View Post
There are restrictions to the first amendment, go into a crowded theater and yell "FIRE!" And you will see how quickly your freedom of speech is restricted when the police arrest you for that act.
I understand what you are saying. Another example is screaming "Fire" in a crowded movie theatre.

But "burning American flag" is protected by constitution although it is offensive to a lot of people


Second amendment right definitely has way more restrictions and regulations.
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Old 04-25-2014, 11:59 AM
 
Location: Free From The Oppressive State
30,274 posts, read 23,756,971 times
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Can anyone come up with anything besides, "yelling 'fire' in a crowded theater" as their example? Surely if there many restrictions, we can show more than one.
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Old 04-25-2014, 12:09 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,765,220 times
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Quote:
Originally Posted by lilyflower3191981 View Post
I understand what you are saying. Another example is screaming "Fire" in a crowded movie theatre.

But "burning American flag" is protected by constitution although it is offensive to a lot of people


Second amendment right definitely has way more restrictions and regulations.
Burning a flag may be offensive, but is not likely to be lethal, unless gasoline is used or someone involved decides to attack someone else.

So yes, I do give someone speaking a lot more leeway than I give someone with a gun.

Also, I know some people think that the most fundamental civil right is gun ownership, but I think freedom of speech is the most fundamental. As examples, I give you places like Afghanistan, which are awash in guns, but where speaking your mind is dangerous. I would have a hard time agreeing that those places are "free" the way most Americans think of being free.
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Old 04-25-2014, 12:13 PM
 
Location: Portland, Oregon
46,001 posts, read 35,204,331 times
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Quote:
Originally Posted by Three Wolves In Snow View Post
Can anyone come up with anything besides, "yelling 'fire' in a crowded theater" as their example? Surely if there many restrictions, we can show more than one.
It is a quick and easy example that requires no explaining for people to understand.
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Old 04-25-2014, 12:18 PM
 
Location: San Diego, CA
10,581 posts, read 9,789,910 times
Reputation: 4174
Quote:
Originally Posted by urbanlife78 View Post
Quote:
Originally Posted by Three Wolves In Snow View Post
Can anyone come up with anything besides, "yelling 'fire' in a crowded theater" as their example? Surely if there many restrictions, we can show more than one.
It is a quick and easy example that requires no explaining for people to understand.
And it's completely inapplicable.
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