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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 |
| To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. Timothy Dwight, Travels in New England and New York [London 1823] |
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