Kirk Freeman
Grandmaster
Professor Glenn Reynolds, University of Tennesee, School of Law, in conjunction with Professor Brannon Denning, Samford University, has a new law review article which is a response to a fellow law professor's article attacking the Federal No. 46 model of the RKBA. In summary:
In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 TEXAS L. REV. 49, 53–72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such “modernization” of the right is preferable to Magarian’s (implicit) conclusion that the Second Amendment should have no (or little) judicially enforceable content at all.
University of Texas Law Review: How to Stop Worrying and Learn to Love the Second Amendment: a Reply to Professor Magarian by Glenn Reynolds, Brannon Denning :: SSRN
In response to Gregory Magarian's Speaking Truth to Firepower: How the First Amendment Destabilizes the Second, 91 TEXAS L. REV. 49, 53–72 (2012), we argue first that the strict dichotomy he posits between an individual right to keep and bear arms aimed at deterring (and furnishing the means for ultimately opposing) governmental tyranny and a right securing the means for private self-defense is a false one. Further, we argue that, to the extent there is any tension between the First and Second Amendments, Heller and McDonald eased that tension by locating individual self-defense at the core of the right. Such “modernization” of the right is preferable to Magarian’s (implicit) conclusion that the Second Amendment should have no (or little) judicially enforceable content at all.
University of Texas Law Review: How to Stop Worrying and Learn to Love the Second Amendment: a Reply to Professor Magarian by Glenn Reynolds, Brannon Denning :: SSRN