Of course, it is true that the exercise of free expression, for example, also can create a risk of violence or physical injury. If that risk becomes sufficiently great, the courts will deny the protection of the First Amendment altogether. But the core exercise of freedom of expression is unlikely to pose serious risks of physical harm, particularly lethal harm. The same cannot be said about the Second Amendment right.
It is unclear whether the high court will declare the Second Amendment right as “fundamental” as the other rights that have been applied to the states. But even if it does, it should confront the hard reality that this “fundamental” right is also the most dangerous right of all.
I agree that guns can be dangerous. But it is far from the most dangerous right. I would like Mr. Henigan to do the arithmetic on how many people have been murdered based on the following books:
And that is just off the top of my head with a couple seconds of thought. And when have U.S. courts denied protection of the First Amendment to these books? If “guns kill” then surely these books can be blamed for the deaths of approximately 100 million people just in the 20th Century.
If books “responsible” for the deaths of many millions can be afforded protection under the First Amendment the Second Amendment can surely afford protection for firearms in common use.
As is usual Henigan only tells half the story. The half he tells is true. But he wants you to overlook the ugly truth of how dangerous ideas and the free expression of them is. And it is an outright lie that the specific enumerated right to keep and bear arms is the most dangerous. In fact, had the murder victims of the governments built upon those last two books been armed the body count of the 20th Century would most likely have been much lower.
The “hard reality” is that the right to keep and bear arms protects us from those that exercise their First Amendment rights.