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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  the first amendment (1+ / 0-)
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    Upper West

    Does allow you to "shout fire in a crowded theater." Doing so isn't a crime now, and wasn't then. All that case says is that the first amendment doesn't shield you from the consequences of your speech.

    The parallel argument in this context would be that, even if the second amendment protects your right to have a particular gun, you can still be prosecuted of you shoot somebody with it.

    --Shannon

    "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
    "Dissent is patriotic. Blind obedience is treason." --me

    by Leftie Gunner on Tue Dec 18, 2012 at 12:44:19 PM PST

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    •  not a crime? (0+ / 0-)

      what about reckless endangermenet?  

      And if something is sanctioned as criminal, that by definition is a regulation of the right.

      The GOP: "You can always go to the Emergency Room."

      by Upper West on Tue Dec 18, 2012 at 02:04:41 PM PST

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    •  LG - it only lets you shout FIRE if there is (1+ / 0-)
      Recommended by:
      Debby

      an actual fire in the theater. If not you face both criminal and civil liability if someone is injured.

      "let's talk about that"

      by VClib on Tue Dec 18, 2012 at 02:36:29 PM PST

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      •  true, but uttering the words (0+ / 0-)

        Is not against the law. The legal penalties bear on the results, not the speech itself.

        --Shannon

        "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
        "Dissent is patriotic. Blind obedience is treason." --me

        by Leftie Gunner on Tue Dec 18, 2012 at 03:06:00 PM PST

        [ Parent ]

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