Friday, July 9, 2010

How the First and Second Amendments are Intertwined....

Via Insty, a posting on the Volokh Conspiracy about a sheriff in Iowa  (a discretionary concealed-carry gun permitting state) who denied a man his permit on the grounds that he was exercising his right to free speech but people didn't like what he was saying.  Apparently the man was a vocal supporter of the Osceola County Taxpayer Association.  In this case, a man was denied his Second Amendment rights based on a disregard for his First Amendment rights.  IN this case, the sheriff lost because his only reason for denying the man his permit was because he'd gotten more active in the public forum. 

Most people don't realize that these two are or can be so intertwined--the Second Amendment enforces the First.  If someone uses someone's free speech to deny them any of the other Rights in the Bill of Rights, then they clearly need to go back to school (I think they were going to require that the sheriff take a class on the First Amendment).

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