On Mar 6, 2012, at 11:43 AM, Joseph E. Olson wrote:
> "Speaking Truth to Firepower: How the First Amendment Destabilizes the
> Second" ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2009125 )
> Under that approach, the language of the Second
> Amendment’s preamble, which Heller all but erased from the text, compels
> a collectivist reading of the Second Amendment.
Hardly. It provides a single example of collective utility, in no way
belittling other utilities.
> Professor Magarian contends, however, that we should
> prefer debate to violence as a means of political change and that, in
> fact, the historical disparity in our legal culture’s attention to the
> First and Second Amendments reflects a longstanding choice of debate
> over insurrection.
What curious reasoning. Under this approach, the fact that doctors prefer
prevention over surgery somehow belittles surgery.
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