Posts Tagged First Amendment

FiveThirtyEight Hypes Threat Of Militias

From FiveThirtyEight:

“There is no private militia that is lawful. Period. Full stop,” said McCord, whose group at Georgetown has identified laws on the books in every state that prohibit some or all private militia activity. But these laws often go unenforced, and that’s partly because in practice, it’s not always obvious what crosses a line. A law in Virginia, for example, bans weapons training but only if that training is intended to be used in “a civil disorder.”

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Washington To Ban Firearms At Protests And State Capitol

From Crosscut:

Over opposition from Republicans and gun-rights activists, both houses of the Legislature have passed a ban on weapons within 250 feet of protests or on the Capitol campus in Olympia. Backers say empowering police to remove or arrest armed onlookers addresses widespread complaints from demonstrators and reduces a bona fide safety risk.

After a year of protests in Portland and Seattle about police brutality and defunding the police Washington State now wants to give the police more power? The entire Northwest is schizophrenic. They don’t know what they want.

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Journalist Banned From Owning A Firearm With No Criminal Record

From Laura Loomer:

While I have NEVER been convicted of a felony, domestic violence, and I’ve never been adjudicated mentally unfit by a judge, my name was placed in the Federal National Instant Criminal Background Check System (NICS) and I have been prohibited from ever owning or even touching a firearm.

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Virginia Declares Itself First Amendment Sanctuary

From Zero Hedge:

The County Board of Supervisors unanimously approved the measure last week in response to Northam’s pre-Thanksgiving limits on public gatherings to 25 people or fewer, as well as an extension on the state’s mask mandate to include children over the age of five. Restaurants are also prohibited from selling alcohol after 10 p.m.

Campbell County’s resolution requests that the sheriff’s department refuse to assist any official – state or federal – in “attempting to enforce the unconstitutional order of the Governor.”

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Delayed Rights Are Denied Rights

From Law and Liberty:

An analogy to the First Amendment demonstrates why the delays in gun access are unconstitutional. While the First Amendment permits states to require licenses for demonstrations (because of the need to prevent disruption to other activities), such licenses cannot be so unreasonably delayed as to effectively undermine the right of free speech. Moreover, the First Amendment suggests the need for licensing exceptions for demonstrations in response to breaking news. In any event, judges have permitted short delays of only a few days before licenses for demonstrations must be issued.

Similarly, licensing is permitted under the Second Amendment to make sure that guns do not get in the hands of felons and the mentally ill—categories of people the Supreme Court has stated do not have the right to guns. But delays in issuing gun licenses during unrest would render the Second Amendment right as ineffective as unnecessary delays in protest licensing would the First. Moreover, substantial delays are unneeded to determine whether someone is a felon or has been adjudicated as mentally ill, as the federal instant gun check program shows. These delays are also far more substantial than any “cooling off” period that would help prevent crimes of vengeance or passion, even assuming that such a reason for delay was compatible with the Second Amendment’s provision of a right to ready self-defense.

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Obama Calls For Speech Regulation

From National Review:

“There are millions of people who subscribed to the notion that Joe Biden is a socialist, who subscribed to the notion that Hillary Clinton was part of an evil cabal that was involved in pedophile rings. I think at some point it’s going to require a combination of regulation and standards within industries to get us back to the point where we at least recognize a common set of facts before we start arguing about what we should do about those facts.”

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Who Are The Real Fascists?

From Newsweek:

Until further notice, teachers in the area will not be able to include on their curriculum Harper Lee’s To Kill a Mockingbird, Mark Twain’s The Adventures of Huckleberry Finn, John Steinbeck’s Of Mice and Men, Theodore Taylor’s The Cay and Mildred D. Taylor’s Roll of Thunder, Hear My Cry.

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Biden Team Member Advocates Restrictions on Free Speech

From NY Post:

He wrote: “All speech is not equal. And where truth cannot drive out lies, we must add new guardrails. I’m all for protecting ‘thought that we hate,’ but not speech that incites hate.”

Stengel offered two examples of speech that he has an issue with: Quran burning and circulation of “false narratives” by Russia during the 2016 election.

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AP Discouraging Use Of “Riot”

From National Review:

The Associated Press Stylebook was amended this week to discourage the use of the word “riot” to describe violent protests, instead expanding the definition of “protest” to include violent demonstrations.
“Use care in deciding which term best applies: A riot is a wild or violent disturbance of the peace involving a group of people. The term riot suggests uncontrolled chaos and pandemonium,” said the AP Stylebook, which sets style guidelines followed by many mainstream media publications.

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LA To Pay NRA $150,000

From The Truth About Guns:

The City of Los Angles tried to penalize any contractor with ties to the NRA. The NRA sued over the ordinance and a judge ruled that was an unconstitutional violation of the NRA’s First Amendment rights. The city eventually repealed it and now the city has been ordered to pay the NRA’s legal fees totaling about $150,000.

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YouTuber Attacked For Pro Gun Rights Views

From Bearing Arms:

Do you want to know why we’re so divided as a nation and that’s not going to change anytime soon? It’s because you can’t have a life separate from your politics. Your political beliefs have to become your entire being, and as such, if someone finds out you hold the wrong opinions, that’s just too much and they can’t support you.
At the same time, they won’t allow people to keep their beliefs private. They’ll hound celebrities or influencers until they can learn about their political beliefs, all the while knowing that unless they’re the right beliefs, the mob will come.

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Maryland Man Sentenced To One Year For Having A Party

From Ars Technica:

A Maryland judge sentenced a man to one year in jail after finding him guilty of throwing two large parties in violation of a state pandemic order that banned large gatherings. Police were called to the man’s home twice in one week, and he refused to disband the party on the second occasion, authorities said.
Shawn Marshall Myers, 42, was sentenced on Friday at the District Court of Maryland, said an announcement by the state’s attorney for Charles County. Myers’ legal troubles began on March 22 when “multiple officers responded to Myers’ residence… for the report of a large party” violating Governor Larry Hogan’s order in which “large gatherings were strictly prohibited,” the state’s attorney office said.

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Left Blames Right For Riots

From The Truth About Guns:

The presence of armed militia groups – even under the pretense of maintaining order and protecting the community – is seen as a tool of intimidation and a way to chill free speech. It also encourages racial justice protesters and other demonstrators to bring their own weapons to already-tense events.

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Reuters: First and Second Amendment Conflict at Protests

From Reuters:

Some worry that U.S. democracy will suffer if guns intimidate would-be protesters from voicing their opinion.
The gun culture and the exercise of free speech and assembly are “all competing in the same space,” said Timothy Zick, a law professor at the College of William & Mary who studies armed protests.

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Update On Defense Distributed Case

From The Second Amendment Foundation:

“New Jersey passed a statute aimed specifically at us and Defense Distributed,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Attorney General Grewal is essentially trying a delaying tactic to tie this case up in legal red tape as long as possible, while in the process depriving us of our First Amendment rights to share firearms information under color of state law.

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