Saturday, January 31, 2026

First and Second Amendment Conflict?

Consistently libertarian Eugene Volokh, who Glenn Reynolds used to suggest should be a Supreme Court nominee, weighs in on the right to bear arms at protests, by excerpting recent decisions.  In the first case he quotes both the ruling and the dissent.

1 comment:

  1. The quotation of the statute in the opinion makes it sound like 'demonstration' is being used as a kinder gentler synonym for 'riot', especially the section where the participants are to be informed that the statute is being invoked. So a peaceable assembly with weapons is ok but once violence erupts those with weapons should leave the area.

    The dissent seems to play fast and loose with the context of the quoted regulations. I can see why in the early tears of our country it would have been advisable to command the bearing of arms in places where they normally wouldn't be brought in times of potential attack. I doubt they were being carried for use against otger participants in those gatherings

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