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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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TO REMEMBER |
| The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people; or of peaceable assemblies by them, for any purposes whatsoever, and in any number, whenever they may see occasion. ST. GEORGE TUCKER'S BLACKSTONE |
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