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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 |
| After having thus successively taken each member of the community in its powerful grasp and fashioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided; men seldom forced by it to act, but they are constantly restrained from acting. Such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd. — Alexis de Tocqueville |
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