Well, try to speak in court if you are a witness after the
judge orders you to be quiet. Testimony is an area where both speech
restrictions and speech compulsions are routine.
This isn’t to say that Prof. Blocher’s argument is sound –
analogies between different constitutional provisions will only take you so
far. (Plus there are counteranalogies – the right to jury trial, unless I’m
mistaken, has specifically been held not to include the right to waive a jury
trial.) It’s just that in the First Amendment context, the right not to speak
is usually (not always) as protected as the right to speak; the objection
should be to applying it to the Second Amendment.
Eugene
From: [email protected]
[mailto:[email protected]] On Behalf Of Phil Lee
Sent: Thursday, August 16, 2012 9:25 PM
To: Joseph E. Olson; List Firearms Reg
Subject: Re: Background intelligence
"The First Amendment, for example, guarantees both the right to speak and the
right not to speak."
Try to "not speak" if you are a reporter trying to protect the ID of a source
after ordered revealed by a judge.
Phil
________________________________
From: Joseph E. Olson <[email protected]<mailto:[email protected]>>
To: List Firearms Reg
<[email protected]<mailto:[email protected]>>
Sent: Thursday, August 16, 2012 10:54 PM
Subject: Background intelligence
I've just learned that I'll be on a panel with him at the Univ. of Wisconsin in
early November. Anyone know him or his work?
****************************************************************************************************************
Professor Joseph Olson, J.D., LL.M.
o- 651-523-2142
Hamline University School of Law (MS-D2037)
f- 651-523-2236
St. Paul, MN 55113-1235
c- 612-865-7956
[email protected]<mailto:[email protected]>
http://law.hamline.edu/constitutional_law/joseph_olson.html
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Associate Professor Joseph Blocher’s principal academic interests include
federal and state constitutional law, the First and Second Amendments, capital
punishment, and property.
He joined the Duke Law faculty in 2009. Before coming to Duke, he clerked for
Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and
Rosemary Barkett of the U.S. Court of Appeals for the Eleventh Circuit. He also
practiced in the appellate group of O’Melveny & Myers, where he assisted the
merits briefing for the District of Columbia in District of Columbia v. Heller.
Articles:
The Right Not to Keep or Bear
Arms<http://scholarship.law.duke.edu/faculty_scholarship/2464/>, 64 Stanford
Law Review 1-54 (2012)
Categoricalism and Balancing in First and Second Amendment
Analysis<http://scholarship.law.duke.edu/faculty_scholarship/2104/>, 84 New
York University Law Review 375-434 (2009)
Heller's Problematic Second Amendment
Categoricalism<http://scholarship.law.duke.edu/faculty_scholarship/2462/>, The
Legal Workshop (October 2, 2009)
_______________________________________________
To post, send message to
[email protected]<mailto:[email protected]>
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
_______________________________________________
To post, send message to [email protected]
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
