But Scalia said the right to keep and bare arms was not unlimited. He also said burning a flag was speech when he should have said it was inciting to riot, but he didn't.
I tend to bow to Scalia on a lot of things because I respected him so much.
The blanket right to keep and bear arms likely does have a limit, so I don’t necessarily think he is wrong there.
I always like to find extremes that few people will argue on, so I can stake out a length of philosophical line, then the brass tacks of where on the length of that line a cleavage point between “yes” and “no” becomes the focus of arguments.
Most people would agree that a violent, unstable schizophrenic who murdered a family of six should not have weapons, so there is a limit at that end.
Our problem is that people on the Left think that rational, law-abiding people shouldn’t own guns either. So, in any discussion with them, we cannot get them to agree even on the length of that philosophical line on the other end.
Think about it. Though we dislike or even hate the sentiment behind the flag burning and the individuals who do so, we have sufficient self-control to not riot in response. It is only incitement to those looking for an excuse to riot anyway.
I do wonder, though, if I were to express my "speech" by burning a homosexual rainbow flag, a Planned Parenthood banner or an ISIS flag if it would be treated the same as leftist morons burning Old Glory.