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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 |
| Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands? — Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836 |
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