Actually, it's scarier than that. All you have to invoke are the magic words "Compelling state interest"...
I think there is a compeling state interest in abridging the free speech of someone wanting to yell fire in a crowded theater.
I think there is a compelling state interest in abridging the private ownership of nuclear, chemical or biological weapons.
Am I wrong?
The question is, what recourse do we have against a statist judiciary finding an intrusive number of compelling state interests?