Abstract

http://ssrn.com/abstract=2424930
 


 



The First Amendment Guide to the Second Amendment


David B. Kopel


Independence Institute; Denver University - Sturm College of Law

September 3, 2014

Tennessee Law Review, Vol. 81, No. 3, 2014, pp. 417-78
U Denver Legal Studies Research Paper No. 14-23

Abstract:     
As described in Part I of this article, the Supreme Court has strongly indicated that First Amendment tools should be employed to help resolve Second Amendment issues. Before District of Columbia v. Heller, several Supreme Court cases suggested that the First and Second Amendments should be interpreted in the same manner. Heller and McDonald v. City of Chicago applied this approach, using First Amendment analogies to resolve many Second Amendment questions.

Part II of this Article details how influential lower court decisions have followed (or misapplied) the Supreme Court’s teaching. Of course, precise First Amendment rules cannot necessarily be applied verbatim to the Second Amendment. Part III outlines some general First Amendment principles that are also valid for the Second Amendment. Finally, Part IV looks at how several First Amendment doctrines can be used in Second Amendment cases, showing that some, but not all, First Amendment doctrines can readily fit into Second Amendment jurisprudence.

Number of Pages in PDF File: 62

Keywords: First Amendment, Second Amendment, overbreadth, prior restraint, chilling, vagueness

JEL Classification: K19, K39

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Date posted: April 15, 2014 ; Last revised: September 4, 2014

Suggested Citation

Kopel, David B., The First Amendment Guide to the Second Amendment (September 3, 2014). Tennessee Law Review, Vol. 81, No. 3, 2014, pp. 417-78; U Denver Legal Studies Research Paper No. 14-23. Available at SSRN: http://ssrn.com/abstract=2424930

Contact Information

David B. Kopel (Contact Author)
Independence Institute ( email )
727 East 16th Ave
Denver, CO 80203
United States
303-279-6536 (Phone)
303-279-4176 (Fax)
HOME PAGE: http://www.davekopel.org
Denver University - Sturm College of Law
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.davekopel.org
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