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To: robertpaulsen
Swearing in public? Speech over the airwaves? Fighting words?

Have all been regulated based on the concept that they inflict damage or cause imminent threat of damage. I've got no problem with making the brandishing of arms in a belligerent, non-defensive manner illegal.

Oh, and since when are our laws limited to regulating behavior that harms others?

When those laws conflict with Constitutional rights, such as speech, press, being secure in our homes, and bearing and keeping personal arms. That's why it is called the Supreme Law of the Land, because petty laws cannot override its provisions, and the rights cannot be taken without due process on a case by case basis.

It's considered a reasonable regulation.

How can you "reasonably regulate" things you are forbidden to infringe upon, in the absence of damage or credible threat thereof?

Because the legal concept of "prior restraint" doesn't apply to guns?

You mean it hasn't been applied yet, legally. The underlying concept certainly applies. Requiring Governmental permission to exercise the right to publish certain words is no different than requiring Governmental permission to exercise the right to own certain arms, which "shall not be infringed".

269 posted on 03/21/2007 1:21:01 PM PDT by LexBaird (98% satisfaction guaranteed. There's just no pleasing some people.)
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To: LexBaird
"Have all been regulated based on the concept that they inflict damage"

You're defining "damage" pretty loosely there, aren't you slick? Sounds to me that if a person is offended, embarrassed, shocked, or insulted, they've been "damaged".

"When those laws conflict with Constitutional rights"

I agree. But that's not what I asked. I asked why our laws should be LIMITED to that.

283 posted on 03/21/2007 2:11:38 PM PDT by robertpaulsen
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To: LexBaird
[Speech can be regulated] -- only when it damages, or bears the immediate possibility of damaging another individual.
Thus libel, defamation, perjury, fraudulent statements and the infamous false cry of "fire" meet that test.

Don't you know that our laws are not limited to regulating behavior that harms others? According to socialists, the 'community' can put restrictions on most anyone for any 'good' reason, as long as our security is protected.

How does carrying or owning an "assault weapon" or "Saturday night special" meet this test? How are they not all protected from regulation by prior restraint?

Socialists see such restrictions as "reasonable regulations". -- And just as a guess, I'd bet the concept of "prior restraint" just doesn't apply to carrying arms, as guns are seen as dangerous, - & need restraints. -- Businesses have been banning them from parking lots using this ersatz line of reasoning.

363 posted on 03/21/2007 5:24:35 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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