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	<title>Comments on: What does D.C. v. Heller mean for *First* Amendment Rights?</title>
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	<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/</link>
	<description>Occasionally irreverent thoughts on law, liberty, tech, and politics</description>
	<lastBuildDate>Tue, 15 Dec 2009 16:01:49 +0000</lastBuildDate>
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		<title>By: blevinsj</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6615</link>
		<dc:creator>blevinsj</dc:creator>
		<pubDate>Wed, 02 Jul 2008 19:18:05 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6615</guid>
		<description>Do not worry &quot;Enigma,&quot; I personally want to be on the watch list...I am armed with my Dictionary and Uzi!</description>
		<content:encoded><![CDATA[<p>Do not worry &#8220;Enigma,&#8221; I personally want to be on the watch list&#8230;I am armed with my Dictionary and Uzi!</p>
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		<title>By: marcorandazza</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6606</link>
		<dc:creator>marcorandazza</dc:creator>
		<pubDate>Tue, 01 Jul 2008 22:43:31 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6606</guid>
		<description>&lt;b&gt;It isn&#039;t that it isn&#039;t &quot;allowed.&quot;  If you want to discuss the SECOND Amendment issue in Heller, there is a post for that &lt;a href=&quot;http://randazza.wordpress.com/2008/06/26/guest-blogger-correct-says-supreme-court/&quot; rel=&quot;nofollow&quot;&gt; right here&lt;/a&gt;.  Same blog, different post.  

It has nothing to do with which opinions are welcomed.  It has to do with keeping the discussion germane to the post.  

 &lt;/b&gt;</description>
		<content:encoded><![CDATA[<p><b>It isn&#8217;t that it isn&#8217;t &#8220;allowed.&#8221;  If you want to discuss the SECOND Amendment issue in Heller, there is a post for that <a href="http://randazza.wordpress.com/2008/06/26/guest-blogger-correct-says-supreme-court/" rel="nofollow"> right here</a>.  Same blog, different post.  </p>
<p>It has nothing to do with which opinions are welcomed.  It has to do with keeping the discussion germane to the post.  </p>
<p> </b></p>
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		<title>By: Enigma</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6605</link>
		<dc:creator>Enigma</dc:creator>
		<pubDate>Tue, 01 Jul 2008 22:21:59 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6605</guid>
		<description>hehe...

Marcorandazza
&quot;All comments are welcome and unmoderated. However, I&#039;d ask that you try and keep things on topic.&quot;

Cute how that came 12 hours after your &quot;homeland security watch list&quot; comment.  

How is one form of propaganda, your little joke, allowed, while another, that murder rates will go up, not?  

Love the 1st Amendment approach to the largest 2nd Amendment decision in years.  This post began off topic.


Cheers</description>
		<content:encoded><![CDATA[<p>hehe&#8230;</p>
<p>Marcorandazza<br />
&#8220;All comments are welcome and unmoderated. However, I&#8217;d ask that you try and keep things on topic.&#8221;</p>
<p>Cute how that came 12 hours after your &#8220;homeland security watch list&#8221; comment.  </p>
<p>How is one form of propaganda, your little joke, allowed, while another, that murder rates will go up, not?  </p>
<p>Love the 1st Amendment approach to the largest 2nd Amendment decision in years.  This post began off topic.</p>
<p>Cheers</p>
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		<title>By: More tangential ruminations on D.C. v. Heller &#171; The Legal Satyricon</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6587</link>
		<dc:creator>More tangential ruminations on D.C. v. Heller &#171; The Legal Satyricon</dc:creator>
		<pubDate>Tue, 01 Jul 2008 05:31:51 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6587</guid>
		<description>[...] tangential ruminations on D.C. v.&#160;Heller  As I dwelled on what D.C. V. Heller meant for First Amendment rights, it appears that William Patry was similarly ruminating on how D.C. v. Heller illustrates how the [...]</description>
		<content:encoded><![CDATA[<p>[...] tangential ruminations on D.C. v.&nbsp;Heller  As I dwelled on what D.C. V. Heller meant for First Amendment rights, it appears that William Patry was similarly ruminating on how D.C. v. Heller illustrates how the [...]</p>
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		<title>By: marcorandazza</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6557</link>
		<dc:creator>marcorandazza</dc:creator>
		<pubDate>Sat, 28 Jun 2008 10:58:08 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6557</guid>
		<description>&lt;b&gt;All comments are welcome and unmoderated.  However, I&#039;d ask that you try and keep things on topic.  

There is a post, &lt;a href=&quot;http://randazza.wordpress.com/2008/06/26/guest-blogger-correct-says-supreme-court/&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt; about the Second Amendment issue in this case.&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p><b>All comments are welcome and unmoderated.  However, I&#8217;d ask that you try and keep things on topic.  </p>
<p>There is a post, <a href="http://randazza.wordpress.com/2008/06/26/guest-blogger-correct-says-supreme-court/" rel="nofollow">here</a> about the Second Amendment issue in this case.</b></p>
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		<title>By: MSRebel54</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6556</link>
		<dc:creator>MSRebel54</dc:creator>
		<pubDate>Sat, 28 Jun 2008 06:17:13 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6556</guid>
		<description>I am willing to bet that more gang bangers will be killed or wounded during home invasions. It just stands to reason when one has a means to defend his home, when he didn&#039;t before. It might actually make &quot;gun violence&quot; go up in DC, but if you are defending your life, then it&#039;s not murder.</description>
		<content:encoded><![CDATA[<p>I am willing to bet that more gang bangers will be killed or wounded during home invasions. It just stands to reason when one has a means to defend his home, when he didn&#8217;t before. It might actually make &#8220;gun violence&#8221; go up in DC, but if you are defending your life, then it&#8217;s not murder.</p>
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		<title>By: JimSax</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6549</link>
		<dc:creator>JimSax</dc:creator>
		<pubDate>Sat, 28 Jun 2008 00:53:25 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6549</guid>
		<description>In discussions with people who claim that the Second Amendment protects a &quot;collective right,&quot; I&#039;ve sometimes posited the following thought experiment.  What if the First Amendment were rewritten in terms of the Second Amendment?  &quot;A well-educated citizenry being necessary to the security of a free state, the right of the people to keep and read books shall not be infringed.&quot;   No one would mistake it for a &quot;collective right.&quot;  No one - except the most blatant would-be censors - would insist that it protected only the rights of the well-educated to own books, or that it protected merely the right to join a state-sponsored library.   

Heller is a narrow victory, but I&#039;ll take it. The anti-gun crowd has started crowing about &quot;blood in the streets,&quot; a re-run of their predictions for states which have adopted concealed carry in the past 20 years.  Their predictions proved false then, and they will prove false in the instant case. 

I&#039;m willing to make the prediction that the decision will not negatively affect the murder rate in DC since gang-bangers do not pay attention to statutes and supreme court decisions anyway.  Anyone want to place a bet?</description>
		<content:encoded><![CDATA[<p>In discussions with people who claim that the Second Amendment protects a &#8220;collective right,&#8221; I&#8217;ve sometimes posited the following thought experiment.  What if the First Amendment were rewritten in terms of the Second Amendment?  &#8220;A well-educated citizenry being necessary to the security of a free state, the right of the people to keep and read books shall not be infringed.&#8221;   No one would mistake it for a &#8220;collective right.&#8221;  No one &#8211; except the most blatant would-be censors &#8211; would insist that it protected only the rights of the well-educated to own books, or that it protected merely the right to join a state-sponsored library.   </p>
<p>Heller is a narrow victory, but I&#8217;ll take it. The anti-gun crowd has started crowing about &#8220;blood in the streets,&#8221; a re-run of their predictions for states which have adopted concealed carry in the past 20 years.  Their predictions proved false then, and they will prove false in the instant case. </p>
<p>I&#8217;m willing to make the prediction that the decision will not negatively affect the murder rate in DC since gang-bangers do not pay attention to statutes and supreme court decisions anyway.  Anyone want to place a bet?</p>
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		<title>By: marcorandazza</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6545</link>
		<dc:creator>marcorandazza</dc:creator>
		<pubDate>Fri, 27 Jun 2008 23:38:37 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6545</guid>
		<description>&lt;b&gt;You are now on the list of &quot;state enemies&quot; kept by the department of homeland security.  This is for your own good.&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p><b>You are now on the list of &#8220;state enemies&#8221; kept by the department of homeland security.  This is for your own good.</b></p>
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		<title>By: blevinsj</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6543</link>
		<dc:creator>blevinsj</dc:creator>
		<pubDate>Fri, 27 Jun 2008 21:59:24 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6543</guid>
		<description>Great post...The First and Second Amendment are parallels. When words fail, the Founding Fathers sought to provide backup!</description>
		<content:encoded><![CDATA[<p>Great post&#8230;The First and Second Amendment are parallels. When words fail, the Founding Fathers sought to provide backup!</p>
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		<title>By: Marc J. Randazza</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6541</link>
		<dc:creator>Marc J. Randazza</dc:creator>
		<pubDate>Fri, 27 Jun 2008 21:23:24 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6541</guid>
		<description>&lt;b&gt;I see that possible reading of Scalia&#039;s statement on page 22, but then why not simply say that &quot;First Amendment rights are subject to reasonable limitations.&quot;  

I *can* yell FIRE in a crowded theater, if I am on stage and it is part of the performance.  

Here&#039;s my worry -- that Scalia could be revealing a Bork-ian principle that speaking for political purposes is protected, but speaking for social or entertainment purposes is not.  Not the recognition that the First Amendment is not a 100% absolute.  

&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p><b>I see that possible reading of Scalia&#8217;s statement on page 22, but then why not simply say that &#8220;First Amendment rights are subject to reasonable limitations.&#8221;  </p>
<p>I *can* yell FIRE in a crowded theater, if I am on stage and it is part of the performance.  </p>
<p>Here&#8217;s my worry &#8212; that Scalia could be revealing a Bork-ian principle that speaking for political purposes is protected, but speaking for social or entertainment purposes is not.  Not the recognition that the First Amendment is not a 100% absolute.  </p>
<p></b></p>
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		<title>By: blevinsj</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6539</link>
		<dc:creator>blevinsj</dc:creator>
		<pubDate>Fri, 27 Jun 2008 20:48:13 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6539</guid>
		<description>Why is page 22 a &quot;new principle?&quot; The First Amendment rights are unavailable for ANY purpose. One does not have a right to yell &quot;FIRE&quot; for the purpose of inciting a riot or causing a disturbance. One does not have a right to create or distribute child pornography for the purpose of watching children fornicate. Further, even if you have a right to say something, the state may put restrictions on the time, place and manner of the speech, regardless of the purpose. The First Amendment, like the Second Amendment, is not an absolute right. Thus, Scalia attempts to illustrate that the ruling will not open the flood gates for OK Corral Shootouts. 

I am also curious of the use of &quot;conservatives&quot; and &quot;liberals&quot; in the context of the Supreme Court and the current political structure. It is interesting that the majority are deemed the conservatives while their decision is liberal. The granting and protecting of rights is a liberal ideology. In fact, the NRA (conservatives) sabbotaged the Second Amendment ruling many times prior to Heller. The covervatives were worried about a change in the current gun owenership landscape. The liberals, on the other hand, were worried about the conservatives obtaining guns. It is circular logic and point to the unreasonable use of labels. 

If the conservatives were truly conservative, they would leave the Second Amendment issue alone. The current landscape worked for 200yrs. Thus the conservative positions was set. The liberals should be the flag waivers for change. Labels are dumb. 

It should not matter which national convention the Justices follow. Individual rights, especially those found in the Bill of Rights, are not open to political debate. The debate should be over Framers intent, history, tradition, and precedent. What if Clinton appointed one more justice? What if Scalia fell dead? The outcome of the Heller case should not turn on the hanging chad of a Supreme Court Justice. 

Jonathon Blevins

(had the Second Amendment in the Supreme Court bracket this year...everyone else had it going out in the Sweet Sixteen)</description>
		<content:encoded><![CDATA[<p>Why is page 22 a &#8220;new principle?&#8221; The First Amendment rights are unavailable for ANY purpose. One does not have a right to yell &#8220;FIRE&#8221; for the purpose of inciting a riot or causing a disturbance. One does not have a right to create or distribute child pornography for the purpose of watching children fornicate. Further, even if you have a right to say something, the state may put restrictions on the time, place and manner of the speech, regardless of the purpose. The First Amendment, like the Second Amendment, is not an absolute right. Thus, Scalia attempts to illustrate that the ruling will not open the flood gates for OK Corral Shootouts. </p>
<p>I am also curious of the use of &#8220;conservatives&#8221; and &#8220;liberals&#8221; in the context of the Supreme Court and the current political structure. It is interesting that the majority are deemed the conservatives while their decision is liberal. The granting and protecting of rights is a liberal ideology. In fact, the NRA (conservatives) sabbotaged the Second Amendment ruling many times prior to Heller. The covervatives were worried about a change in the current gun owenership landscape. The liberals, on the other hand, were worried about the conservatives obtaining guns. It is circular logic and point to the unreasonable use of labels. </p>
<p>If the conservatives were truly conservative, they would leave the Second Amendment issue alone. The current landscape worked for 200yrs. Thus the conservative positions was set. The liberals should be the flag waivers for change. Labels are dumb. </p>
<p>It should not matter which national convention the Justices follow. Individual rights, especially those found in the Bill of Rights, are not open to political debate. The debate should be over Framers intent, history, tradition, and precedent. What if Clinton appointed one more justice? What if Scalia fell dead? The outcome of the Heller case should not turn on the hanging chad of a Supreme Court Justice. </p>
<p>Jonathon Blevins</p>
<p>(had the Second Amendment in the Supreme Court bracket this year&#8230;everyone else had it going out in the Sweet Sixteen)</p>
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		<title>By: Brent E. Dyer</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6535</link>
		<dc:creator>Brent E. Dyer</dc:creator>
		<pubDate>Fri, 27 Jun 2008 20:02:27 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6535</guid>
		<description>The side-switching hasn&#039;t been limited ot the Court either.  Right-wing bloggers have been absolutely flipping out over the 5-4 nature of the opinion and screaming that McCain has to be elected to protect the narrow margin in favor of the Second Amendment.

Of course, their fears are mostly irrational, since all of the most senior Justices on the Court were among the dissenters.  But it&#039;s still funny to see the Conservatives worrying about the thin margin of the Court that they perceive to be protecting their view.</description>
		<content:encoded><![CDATA[<p>The side-switching hasn&#8217;t been limited ot the Court either.  Right-wing bloggers have been absolutely flipping out over the 5-4 nature of the opinion and screaming that McCain has to be elected to protect the narrow margin in favor of the Second Amendment.</p>
<p>Of course, their fears are mostly irrational, since all of the most senior Justices on the Court were among the dissenters.  But it&#8217;s still funny to see the Conservatives worrying about the thin margin of the Court that they perceive to be protecting their view.</p>
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		<title>By: shg</title>
		<link>http://randazza.wordpress.com/2008/06/27/what-does-dc-v-heller-mean-for-first-amendment-rights/#comment-6532</link>
		<dc:creator>shg</dc:creator>
		<pubDate>Fri, 27 Jun 2008 18:03:22 +0000</pubDate>
		<guid isPermaLink="false">http://randazza.wordpress.com/?p=1126#comment-6532</guid>
		<description>There&#039;s been a lot of that side-switching thing going on lately.  See Gile v. California as well.</description>
		<content:encoded><![CDATA[<p>There&#8217;s been a lot of that side-switching thing going on lately.  See Gile v. California as well.</p>
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