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Full-Text Articles in Law
Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher
Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher
Faculty Scholarship
Professor Blocher responds to Gregory Magarian’s article on the implications of the First Amendment for the Second.
Rights To And Not To, Joseph Blocher
Rights To And Not To, Joseph Blocher
Faculty Scholarship
When and why should a “right to” include a “right not to”? If a person has a right to engage in an activity or to receive a particular form of procedural protection, under what circumstances should he also have a right not to engage in that activity or to refuse that process? The basic project of this Article is to show why these questions are important in American constitutional law, to explore how doctrine and scholarship have implicitly and sometimes awkwardly dealt with them, and to suggest normative frameworks with which they can be answered.
The Right Not To Keep Or Bear Arms, Joseph Blocher
The Right Not To Keep Or Bear Arms, Joseph Blocher
Faculty Scholarship
Sometimes a constitutional right to do a particular thing is accompanied by a right not to do that thing. The First Amendment, for example, guarantees both the right to speak and the right not to speak. This Article asks whether the Second Amendment should likewise be read to encompass both the right to keep or bear arms for self-defense and the inverse right to protect oneself by avoiding them, and what practical implications, if any, the latter right would have. The Article concludes - albeit with some important qualifications - that a right not to keep or bear arms is …