The difference in restrictions on the First Amendment is that they are not “prior restraint.” You don’t gag everyone who walks into the theater, or subject them all to mental exams, in case someone might falsely yell “fire.”
The same can’t be said of restrictions on gun ownership.
Nor do we ban everyone from owning a gun. Nor do we ban all guns.
The government may impose a reasonable restriction on any fundamental right provided there's a compelling governmental interest in doing so and provided the law is narrowly tailored. "Gagging everyone" would be considered "over-inclusive".
“The difference in restrictions on the First Amendment is that they are not “prior restraint.” You don’t gag everyone who walks into the theater, or subject them all to mental exams, in case someone might falsely yell “fire.”
The same can’t be said of restrictions on gun ownership.”
brilliant...well said. Let’s hope someone uses that analogy in arguements before the Supremes.