Gun Rights v. Free Speech: When Constitutional Amendment Collide

Guns Rights v. Free Speech - An In-Depth Discussion with Prof. Joseph Blocher
About This Episode
Today, we tackle one of the most intricate topics in constitutional law: the intersection of gun rights and free speech. We're honored to welcome back Professor Joseph Blocher, a law professor at Duke Law School and co-director of the Duke Center for Firearms Law. Prof. Blocher breaks down the complexities of overlapping rights and dives into the implications for both the First and Second Amendments.
Episode Highlights
- Why rights overlapping is a tough issue in constitutional law
- Can carrying a gun be considered "speech"?
- The impact of gun presence at public protests
- How do laws balance safety and rights in public spaces?
- Does First Amendment doctrine inform Second Amendment rulings?
- And much more...
Guest Profile
Professor Joseph Blocher is an expert in constitutional law, particularly with an emphasis on the First and Second Amendments. He serves as a professor of law at Duke Law School and is the co-director of the Duke Center for Firearms Law. His academic work has been widely published and cited in numerous court rulings and academic journals.
⏱ Timestamps
00:00 - Introduction - What happens when rights overlap?
01:00 - Can carrying a gun be speech?
02:20 - Public protests and the presence of guns
03:30 - Sensitive places and gun laws
08:00 - Borrowing First Amendment doctrines for Second Amendment rulings
10:10 - Final thoughts
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#TalksOnLaw #JosephBlocher #GunsAndFreeSpeech #FirstAmendment #SecondAmendment #ConstitutionalLaw #DukeLawSchool. Disclaimer: The content of this video is for educational purposes only and is not intended to provide specific legal advice. Please consult with a qualified legal professional for your specific needs.

[@mkayewing8983]

Another excellent discussion. Thank you.

[@EmpressOfExile206]

If you pay attention at the end when asked "wait it sounds borrowing from 1st ammendment is only applicable when it *helps* the state enact regulation" the expert then deflects and uses an example where _not borrowing_ would help the 2nd Amendment advocates.. That only adds _further_ evidence that "borrowing" is only *_used_* when it helps the state!! I find it troubling that with all those examples, he couldn't think of one where courts _did borrow_ from another area of the constitution *_and_* it was _in favor_ of those positioning against state regulation 🤔

[@leslovesliberty1776]

💯🎯

[@tonyd9799]

“Overlap” you mean “conflict”. Any true 1A / 2A conflict would involve criminal behavior so not a 2A issue. What you are actually saying is that people who don’t want 2A rights to exist in society (or at least not in public) should be able to veto those rights through their unspecific feeling of unease. Let’s suppose the government passes a law, unrelated to the content of speech, that at public protests, for safety and to protect 1A rights, no weapons are allowed, and to ensure there are no concealed weapons, all attendees at protests must be naked. After all I feel nervous around clothed people, they might be concealing weapons and decide to attack me because of my viewpoint. So your right to be clothed “overlaps” with my 1A rights.

[@leslovesliberty1776]

Well said!

[@leslovesliberty1776]

This is what happens when you ask a professor to theorize on a common sense question... Neither the 1st or 2nd Amendment are that complicated & they don't conflict. You have the right to say whatever the hell you want & I absolutely have the right to self-preservation!!

[@mikebacon2590]

Typically over talk! The amendment says what it says! It is not borrowing!

[@Herkermer_Homolka]

Using AI generated images for these "demonstrations" of people caring guns in public places is extremely disingenuous.

[@Perun.Tha.Unvaxxd]

🎯