I think we'd need a more specific definition of "fear-mongering" 
for this to work.  Much fear is perfectly rational, and a sound basis for 
lawmaking.  The Revolution was fought partly because of a fear of further 
British abuses.  The Constitution was created because of various well-founded 
fears.  The Bill of Rights was enacted because of fear of government abuse.  
Likewise, fear of terrorism, drugs, gun crime, and so on is generally quite 
reasonable.

               Now perhaps "fear-mongering" means arguing based on unreasonable 
fears (in which case the objection isn't to "playing the fear card" but to 
"playing the fear card in a context where the fear is unreasonable").  But I 
don't think there's anything unreasonable in fearing that privately owned guns 
will be misused for criminal purposes - they are, hundreds of thousands times a 
year.

               The sound objection to gun bans, I think, is that while gun 
crime is properly feared, trying to ban guns would do more harm than good.  But 
I don't think that talk of "fear-mongering" adequately captures the argument.

               Eugene

From: [email protected] 
[mailto:[email protected]] On Behalf Of Raymond Kessler
Sent: Thursday, November 12, 2009 7:18 AM
To: [email protected]; [email protected]
Subject: Playing the fear card in the 2nd Amend. incorp. debate.

IMHO & FWIW: One of the greatest threats to civil liberties comes from 
fear-mongering.  Whether the fear comes from the left or right (e.g., of 
terrorism, fear of drugs, fear of guns, etc.),  it is a threat. The fear 
campaign against incorporating the 2nd amend has started.  (see link, there are 
numerous others)   Look for amicus briefs for McD from Dave Kopel and Don Kates 
and others that deal with the gun-crime issue. The bloodbaths predicted after 
many states licensed concealed carry never occurred.  Society has not collapsed 
since June, 2008.  Nobody ever said the Second Amendment is absolute. In Heller 
the Court strongly hinted that many traditional gun control laws would be 
valid.  Further,  there is no convincing evidence that  ordinary law-abiding 
citizens having common weapons is a cause of crime.  Chicken Little is alive 
and well, prospering in this propaganda campaign.

http://www.indystar.com/article/20091111/OPINION01/911110323/1002/OPINION/Time+to+re-examine+rights+of+Second+Amendment

Ray Kessler
Prof. of  Criminal Justice
Sul Ross State Univ.

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