Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Brown v. Entertainment Merchants Association (1)
- Cable television (1)
- Cell phone (1)
- Conservative (1)
- Constitutional Interpretation (1)
-
- Elonis v. United States (1)
- Facebook (1)
- Free speech (1)
- GPS tracking (1)
- Gun control (1)
- Heller (1)
- Judiciary (1)
- Kyllo v. United States (1)
- Libertarian (1)
- Marijuana (1)
- National Rifle Association (1)
- Right to bear arms (1)
- Riley v. California (1)
- Search and seizure (1)
- Second amendment (1)
- Smartphone (1)
- Surveillance (1)
- Thermal imaging (1)
- United States v. Jones (1)
- United States v. Playboy (1)
- Video games (1)
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas
Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas
Politics Summer Fellows
Contemporary mainstream discussions of the Supreme Court are often qualified with the warning that the nine justices are out of touch with everyday American life, especially when it comes to the newest and most popular technologies. For instance, during oral argument for City of Ontario v. Quon, a 2010 case that dealt with sexting on government-issued devices, Chief Justice John Roberts famously asked what the difference was “between email and a pager,” and Justice Antonin Scalia wondered if the “spicy little conversations” held via text message could be printed and distributed. While these comments have garnered a great deal of …
Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega
Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega
Politics Honors Papers
For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …