Eugene Volokh on Gun Rights, Free Expression, and the Nanny State

[911FalseFlagTerror01]

Free to express what? They will excise Free Speech. Terrorist thoughts will be criminalizeed. So to will speech criticizing the State. All they do is frighten the citizenry with terrorism, communissm, any other ism will do just as well. They will make neighbors snitches within a climate of fear just like the Monsters On Maple Street.

[Americathebrave100]

Professor Volokh is a genius! No one will ever take my right away for free speech.

[TheWeizOne]

I'm sure this has been said before, but it bears repeating. A person who is going to use a gun to break the law is not going to care about the laws pertaining to the acquisition and carrying of the gun. Gun laws keep law abiding citizens from getting, carrying, and using guns in a legal fashion to protect themselves and others from those willing to break the law.

[glennd7962]

'Too clever by half' is how this guy comes off on his blog and in person. His presentation of the crime reduction experienced by states with concealed permit laws give's him away. First, it doesn't need to be a "massive, massive" difference to be worthy. Second, the entire argument is utilitarian versus principled. Also, when choosing to comment on constitutional language, he doesn't mention that the second amendment doesn't start with "Congress shall.." like the first amendment. Interesting...

[getnick77]

@glennd7962 no the second amendment ends with "shall not be infringed", all states with CCW have seen reductions in overall crime including homicide, and if by utilitarian you mean according to facts and by principled you mean emotional then you are correct.

[Mackingster]

How about atavist judges? Are they outside of the law?

[welkinator]

I suggest that if everyone was armed we would live in a FAR more polite society.

[yougiberishtube]

5 stars

[whoo689]

Volokh needs to keep his post as law professor there as long as possible, so there's less influence of a future liberal law professor being hired in his place. ;)

[bigboss686]

if you can regulate rights, then you have no rights at all.

"No State shall convert a liberty into a privilege, license it, and charge a fee therefor." --Murdock v. Pennsylvania, 319 US 105, US Supreme Court, 1943.

"The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional." --Follett vs. Town of McCormick, S.C., 321 U.S. 573 [1944]

[highonhayek]

Adding The Volokh Conspiracy to my list of blogs...

[dankalmanson]

I think it is funny that since 'conspiracy' is a tag, Alex Jones is all over the related videos.

[furyofbongos]

Switzerland has a gun in every house and one of the lowest violent crime rates.

"Guns are deeply rooted within Swiss culture - but the gun crime rate is so low that statistics are not even kept."

-BBC

[averagejoe040]

He's a mountain of jello. Seems Volokh could go either way on just about any issue.

[Wormtail81]

Aristotle was the same way lol

[BoojumFed]

That's because anything that's actually an issue has valid points on both sides...

[BFC2011]

The Volokh Conspiracy. Great blog.

[migkillertwo]

Alabama's constitution has no doctrine of enumerated powers I see.

[onvogmasaj]

yeah. fairness doctrine isnt that threatening... right.

[LiberalViewer]

I'm giving this video 5 stars and adding it to my favorites.

Because I'm a "liberal libertarian," I sometimes disagree with Prof. Volokh's "conservative libertarianism," but I've still been a fan of his blog for years because he is open minded and honest about the facts.

Thanks for making and uploading this video :-)

[oilhammer04]

When the issue of concealed carry laws come up, I don't hear anyone questioning whether these are an infringement on our 2nd Amendment right. Why do I need to get a license to carry a pistol?

[thughug22]

@oilhammer04 same reason you need a licence to drive a car.

[WeerdBeard]

which is why exactly? Seems the people in Vermont, Alaska, and Montana (most of it at least) seem to be doing just fine. And then there's the huge number of states that grant permetless open carry.

Permits on rights is not only a bad idea, and potentially illegal, but also accomplishes NOTHING.

Nation-wide Vermont Carry, sez I!

[oilhammer04]

The constitution does not speak specifically to the right to drive a car, but it does recognize the right to keep and bear arms.

[thughug22]

@oilhammer04 I'm just saying that some people can't get a licens to drive because they can't do it safely.

[oilhammer04]

That seems reasonable, but then, when the government wants to license the carrying of guns, then those in power will limit *who* gets to carry to their friends, eventually. I do agree that people need to be trained in the safe use of guns. Some of us were raised around guns and understand how to use them safely, but many weren't blessed with that upbringing.

[BoojumFed]

@oilhammer04: If the government wanted to begin limiting carrying rights in any way (beyond weeding out incompetent or criminal applicants) that would be an entirely different piece of legislation. Despite the popular rhetoric, no piece of legislation can act as the beginning of a "slippery slope", because each is a step, not a slope. They *may* begin a staircase, but since each step must be passed individually, the scenario you propose must be supported by the majority to ever occur.

[jfb1138]

BoojumFed: You might want to Google Volokh + "Slippery Slope". His discussion of how 'stairs' turn into escalators is worth noting.

[thughug22]

@oilhammer04 It's one of those things where everyone should have the right to own and carry a gun but some people are incompitant. I guess the problem would fix its self because all the dump ass' would get shot for fucking around, you know.

[KaelinSaint]

Which amendment was that again? The one that asserts your right to own and drive a car?

[oilhammer04]

Volokh is refreshingly articulate in a time when so many are not, especially among politicians when they aren't speaking on script. Obama and Palin come to mind.

[sugarkang]

right on volokh.

[chevydriver1123]

Volokh's blog is great.

[whoo689]

A libertarian law professor? sweet!

[Surhotchaperchlorome]

And here I thought it wasn't possible.

I never thought I'd live to see the day.

[CountArtha]

4:09 - 4:40

I like this guy.

[KaiLuck]

I'm getting an error occurred.