Speaking Truth to Firepower: How the First Amendment Destabilizes the Second

Magarian, Gregory P., Texas Law Review

When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the right's scope, limits, and content. Following Heller, commentators routinely draw upon the First Amendment's protections for expressive freedom to support their proposals for Second Amendment doctrine. In this Article, Professor Magarian advocates a very different role for the First Amendment in explicating the Second, and he contends that our best understanding of First Amendment theory and doctrine severely diminishes the Second Amendment's legal potency. Professor …

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Publication information: Article title: Speaking Truth to Firepower: How the First Amendment Destabilizes the Second. Contributors: Magarian, Gregory P. - Author. Journal title: Texas Law Review. Volume: 91. Issue: 1 Publication date: November 1, 2012. Page number: 49+. © University of Texas, Austin, School of Law Publications, Inc. Dec 2008. Provided by ProQuest LLC. All Rights Reserved.

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