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The
Below Comments Relate to this Newslink:
The Second Amendment Right to Be Negligent
Submitted by:
Bruce W. Krafft
Website: http://www.keepandbeararms.com/
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"Only two constitutional rights — the First and Second Amendments — have the capacity, through judicial interpretation or legislative action or inaction, to confer a 'right to be negligent' on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for example, the Supreme Court, in New York Times v. Sullivan and its progeny, expressly embraced a right to be negligent in defaming public officials and public figures to protect speech. This Article asserts that through both common and statutory law the United States has enshrined a de facto Second Amendment right to be negligent ..." ... |
| Comment by:
Millwright66
(3/31/2015)
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| Without reading beyond the precis, I'll opine the author is going to ignore a lot of enacted and case law for openers. Moreover he's going to have to play "fast and loose" with "negligence" - both in common usage and law to prove his point. |
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| QUOTES
TO REMEMBER |
| "And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? [...] The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!" —Alexander Solzhenitsyn, The Gulag Archipelago (Chapter 1 "Arrest") |
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