Journal ArticleDOI
True Threats, Self-Defense, and the Second Amendment.
Joseph Blocher,Bardia Vaseghi +1 more
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In this paper, the Second Amendment does not protect those who threaten others by negligently or recklessly wielding firearms, and what line separates constitutionally legitimate gun displays from threatening activities is defined.Abstract:
Does the Second Amendment protect those who threaten others by negligently or recklessly wielding firearms? What line separates constitutionally legitimate gun displays from threatening activities ...read more
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Why Regulate Guns
Reva B. Siegel,Joseph Blocher +1 more
TL;DR: This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v Heller.
Journal ArticleDOI
Second Amendment Sanctuaries: A Legally Dubious Protest Movement.
TL;DR: The origins and spread of the Second Amendment Sanctuary movement are assessed in this paper, where localities pass ordinances or resolutions that declare their jurisdiction's view that proposed or enacted state (or federal) gun safety laws are unconstitutional and therefore, local officials will not implement or enforce them.
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Journal Article
The Right Not to Keep or Bear Arms
TL;DR: In this article, the Second Amendment should be read to encompass both the right to keep or bear arms for self-defense and the inverse right to protect oneself by avoiding arms, and what practical implications, if any, the latter right would have.
Journal Article
"True Threats" and the Issue of Intent
TL;DR: In this article, the authors examined the issue of intent and its disputed place in the true threats jurisprudence from the debate's inception to the present day and suggested that when the Court addresses the issue again, it should adopt a standard that requires the government to prove that the speaker intended for his communication to be threatening.
Journal ArticleDOI
Why Regulate Guns
Reva B. Siegel,Joseph Blocher +1 more
TL;DR: This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v Heller.
Journal Article
Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights
Joseph Blocher,Luke Morgan +1 more
TL;DR: The study of rights dynamism, exemplified in Timothy Zick's new book on the First Amendment's relationship with the rest of the Bill of Rights, can help deepen understandings of the nature of constitutional rights as discussed by the authors.
Journal ArticleDOI
An Unstable Core: Self-Defense and the Second Amendment
TL;DR: In this article, the authors examine the inconsistency of the right to keep and bear arms and consider whether self-defense law itself could provide stability and much-needed guidance for when, how, and which weapons receive constitutional protection.