Prior restraint

Wisdom of the week

[Reprinted from Issues & Views July 16, 2001]

A response to those legislators and others who try to use the analogy of yelling "fire" in a crowded theater, in order to justify restrictions on gun ownership:

They do not duct-tape the mouths of every person entering a theater on the grounds that somebody is sure to screw up and shout "fire" if they don't. In First Amendment terms, this would be called "prior restraint" and is simply not allowed by the courts. Rather, the laws rely on punishing afterwards the rare, irresponsible citizen who shouts "fire" in a crowded theater. Yes, one may be punished afterwards for shouting "fire" in a crowded theater, but not prevented from possessing the means to do so in advance.

The judicial/legislative establishment is pleased to apply prior restraint every day of the year to activities protected by the Second Amendment, all the while claiming that they are treating the First and Second the same--one of the Great Lies. They pass laws preventing people from exercising their Second Amendment rights in anticipation that if they don't do so, some irresponsible or criminal party will misuse those rights--as if criminals will respect their idiotic laws.

-- Gary Marbut, President, Montana Shooting Sports Association

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