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Conflicting Reports: When Gun Rights Threaten Free Speech, Gregory P. Magarian
Conflicting Reports: When Gun Rights Threaten Free Speech, Gregory P. Magarian
Scholarship@WashULaw
This Article catalogs and analyzes collisions between free speech and gun rights. The most important and hotly debated of those collisions is the clash between the First Amendment rights to assemble and speak in public political protests and the asserted Second Amendment right to carry firearms openly in public places. Beyond protests, public university students’ First Amendment rights to speak and learn clash with the asserted Second Amendment right to carry concealed weapons on university campuses; First Amendment interests in robust political deliberation clash with Second Amendment interests in promoting and securing the right to keep and bear arms; and …
Political And Non-Political Speech And Guns, Gregory P. Magarian
Political And Non-Political Speech And Guns, Gregory P. Magarian
Scholarship@WashULaw
Constitutional rights depend on justifications. Some combination of theory, his- tory, and practical reasoning needs to establish why and to what extent a given right warrants legal protection. The justifications that courts and theorists articulate for a given right determine the right’s breadth and the specific contours of its protection. Justification has particular importance at the formative stage of a newly recognized constitutional right. At present, courts are building doctrine around the Second Amendment “right of the people to keep and bear Arms,”1 recognized as an individ- ual right just over a decade ago in District of Columbia v. Heller.2 …
When Audiences Object: Free Speech And Campus Speaker Protests Articles & Essays, Gregory P. Magarian
When Audiences Object: Free Speech And Campus Speaker Protests Articles & Essays, Gregory P. Magarian
Scholarship@WashULaw
In March 2017, conservative author Charles Murray arrived to speak at Middlebury College in Vermont, invited by a student affiliate of the American Enterprise Institute. Murray planned to discuss his 2013 book, Coming Apart: The State of White America, 1960-2010. Many Middlebury students and faculty, however, deplored Murray for an earlier book, 1994’s The Bell Curve, where he drew specious connections between race and intelligence. Others simply considered Murray an intellectual lightweight who didn’t warrant a speaking slot at the prestigious college. Murray’s critics objected to the Political Science Department’s co-sponsorship of his ppearance and the college president’s plan to …