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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(8/26/2017)
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A march or rally by people who are heavily armed is not an exercise of what the First Amendment calls the right of the people peaceably to assemble, writes Michael Dorf.
This position is problematic, and incorrect. As long as the protestors are acting peaceably, they are peaceably assembling, armed or not. At the point they use that liberty to initiate violence the right to arms is no longer protected. But until then, the Doctrine of Prior Restraint applies, and no 'interest-balancing' test can surmount the exercise of a fundamental right. No right can be denied based upon the presumption that it MAY be used to commit crimes. |
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QUOTES
TO REMEMBER |
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. Noah Webster in "An Examination into the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at p. 56 (New York, 1888). |
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