Opinion: On July 4th, a limited meaning of freedom – CTPost
Another Fourth of July is upon us. Once again we are preparing to celebrate our Independence Day with parades, ball games, cookouts and community gatherings. Loudspeakers will resound with My Country Tis of Thee and America the Beautiful. Our hearts will swell at the familiar words, From every mountainside, let freedom ring and Brotherhood from sea to shining sea. Come night, loud explosions will fill the air. Will they accompany the bursting sprays of multicolored stars and spiraling rockets as the skies light up with spectacular displays? Or, while we ooh and aah at the glorious show, will other fireworks be taking place in our country, sowing death and destruction?
Americas 100 senators are on summer recess, thrilled with the compromise they have reached with their House colleagues. The just passed bipartisan Safer Communities Act will supposedly save countless lives with strengthened background checks of gun buyers, increased penalties for gun traffickers, protection of domestic violence victims and improved mental health services. All good ideas, but will they be effective as long as semiautomatic guns remain legally available?
The National Rifle Association lost no time registering its opposition to the act by trotting out its tired canard of the Second Amendment. That amendment is surprisingly short and reads: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Thats all it says, and one cant help but wonder what kind of arms our Founding Fathers were referring to in 1791. Revolutionary guns of that era included mostly muskets and flintlock pistols. A typical musket had a one-round magazine capacity and could fire about three effective rounds per minute in the hands of the most skilled wielder. The Uvalde gunman used an AR-15-style semi-automatic rifle with a magazine that carries 30 rounds.
Among all the capable legal minds in our government, has anyone seriously argued the legal applicability of the Second Amendment when it comes to todays weapons? The semi-automatic and other assault guns did not exist in 1791. The authors of the amendment obviously referred to muskets and pistols. They could have, but did not specify any arms that may be invented in the future.
It is useful to compare the Second Amendment history and meaning with that of the First Amendment the right of free speech. Its meaning has been the subject of continuing interpretation and dispute over the years. Landmark Supreme Court cases have dealt with the right of citizens to protest U.S. involvement in foreign wars, flag burning and the publication of classified government documents. In Chaplinsky v. New Hampshire (1942) the U.S. Supreme Court established the fighting words doctrine that spells out certain limits to the freedom of speech as protected by the First Amendment.
Our current Supreme Court has just ruled against the legitimacy of Roe v. Wade. A landmark constitutional right to abortion, established almost 50 years ago, is declared no longer valid. Those in favor of this far-reaching decision claim to be led by a pro-life philosophy. Is it not more than high time to also consider the right to life of Americas children who are already born and who are afraid to go to school?
Today, in America, can we really joyfully celebrate our independence and call ourselves free, until we have rid ourselves of these military-style weapons that have nothing to do with prudent self-defense or fair hunting practices but are used on an almost daily basis to murder innocent people?
Elisabeth Breslav is a regular essay writer for the Oronoque, Stratford, Villager magazine. Her memoir Blackouts, Bombs and Sugar Beets is currently being agented in the U.S, Canada and Europe.
See more here:
Opinion: On July 4th, a limited meaning of freedom - CTPost
- Fighting Antisemitism Should Not Come at the Expense of the First Amendment - Reason Magazine - June 18th, 2025 [June 18th, 2025]
- How Hawley, Marshall choose Trump over the First Amendment | Opinion - Kansas City Star - June 18th, 2025 [June 18th, 2025]
- FARRAND: Saturday was a day we exercised three of our First Amendment rights - thenewsherald.com - June 18th, 2025 [June 18th, 2025]
- The State of the First Amendment in the University of North Carolina System - FIRE | Foundation for Individual Rights and Expression - June 18th, 2025 [June 18th, 2025]
- The First Amendment is Again in Colorados Crosshairs - The Federalist Society - June 18th, 2025 [June 18th, 2025]
- The Military Parade and Protections of the First Amendment - Just Security - June 18th, 2025 [June 18th, 2025]
- Court ruling clarifies limits of NCs First Amendment protection - Carolina Journal - June 18th, 2025 [June 18th, 2025]
- Letter to the Editor - Campbell County Democrats Cherish First Amendment Rights - The Mountain Press - June 18th, 2025 [June 18th, 2025]
- Editorial: Lets remember the peaceably part of First Amendment - Everett Herald - June 18th, 2025 [June 18th, 2025]
- PETA Sues NIH, NIMH in Groundbreaking First Amendment Lawsuit - People for the Ethical Treatment of Animals (PETA) - June 18th, 2025 [June 18th, 2025]
- First Amendment expert explains the right to protest amid 'No Kings' movement - CBS News - June 18th, 2025 [June 18th, 2025]
- ACLU of Nevada shares guidelines for protesters to safeguard their First Amendment rights - KSNV - June 18th, 2025 [June 18th, 2025]
- Las Vegas ICE protests: First Amendment right or breaking the law? - KLAS 8 News Now - June 18th, 2025 [June 18th, 2025]
- Rights afforded to protestors by the First Amendment, and what it does not give you the right to do - Action News Now - June 18th, 2025 [June 18th, 2025]
- What can and can't you do with your First Amendment right of free speech? - KMPH - June 18th, 2025 [June 18th, 2025]
- The First Amendment Is the backbone of democracy - Herald-Banner - June 18th, 2025 [June 18th, 2025]
- First Amendment thoughts ahead of weekend protests | Whales Tales - Auburn Reporter - June 18th, 2025 [June 18th, 2025]
- Mass. AFL-CIO president says Trump administration is 'ripping up' the First Amendment - WBUR - June 10th, 2025 [June 10th, 2025]
- No First Amendment Violation in Excluding Associated Press from "the Room Where It Happens" - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Contra the Trump FTC, Boycotts Are Protected by the First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- Letter to the editor: Thanks to EPD for respecting my First Amendment rights on Palestine and Israel - Evanston RoundTable - June 10th, 2025 [June 10th, 2025]
- Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment - Reason Magazine - June 10th, 2025 [June 10th, 2025]
- Opinion | This Trump Executive Order Is Bad for Human Rights and the First Amendment - The New York Times - June 10th, 2025 [June 10th, 2025]
- Contra the FTC, Boycotts Protected by First Amendment - RealClearMarkets - June 10th, 2025 [June 10th, 2025]
- PBS sues Trump administration over funding cuts, alleging they violate First Amendment - CBS News - June 1st, 2025 [June 1st, 2025]
- British Attacks on Free Speech Prove the Value of the First Amendment - Reason Magazine - June 1st, 2025 [June 1st, 2025]
- Students Protesting the Genocide in Gaza Are Losing Their First Amendment Rights - splinter.com - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump administration, says executive order cutting federal funding violates First Amendment - Fox News - June 1st, 2025 [June 1st, 2025]
- PBS sues Trump over funding cuts to public media and alleges First Amendment violation - Business Insider - June 1st, 2025 [June 1st, 2025]
- Trump Lawyers Claim 60 Minutes Harris Interview Caused Him Mental Anguish, Argue That the First Amendment Is No Shield to News Distortion in Motion to... - June 1st, 2025 [June 1st, 2025]
- Trumps executive orders: Due process, breathtaking sweeps, and the evils of intentional vagueness First Amendment News 472 - FIRE | Foundation for... - June 1st, 2025 [June 1st, 2025]
- Free speech is the rule: Alito wants more First Amendment protections for students after middle schooler is punished for wearing There Are Only Two... - June 1st, 2025 [June 1st, 2025]
- Judge Denies Artificial Intelligence Chatbot First Amendment Protections in Lawsuit - FindLaw - June 1st, 2025 [June 1st, 2025]
- NPR sues over Trump order cutting off its funding, citing First Amendment - Duncan Banner - June 1st, 2025 [June 1st, 2025]
- South Bend Stops YouTubers Bid to Revive First Amendment Claim - Bloomberg Law News - May 17th, 2025 [May 17th, 2025]
- Trump Administration Likely Violated American Bar Association's First Amendment Rights - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Perkins Coie Litigation Team Secures First Amendment Federal Court Win for DEF CON - Perkins Coie - May 15th, 2025 [May 15th, 2025]
- How swiftly power can be weaponized against dissenting voicesincluding the free and open press as protected by the First Amendment - Northeast Valley... - May 15th, 2025 [May 15th, 2025]
- NYUs First Amendment Watch Launches Trump 2.0: Executive Power and the First Amendment - NYU - May 10th, 2025 [May 10th, 2025]
- CCIA Files Amicus Brief Defending the First Amendment Rights of Email Service Providers - CCIA - May 10th, 2025 [May 10th, 2025]
- Zick on executive orders and official orthodoxies First Amendment News 469 - FIRE | Foundation for Individual Rights and Expression - May 10th, 2025 [May 10th, 2025]
- Why Journalists Must Band Together to Defend the First Amendment - PEN America - May 10th, 2025 [May 10th, 2025]
- Youngkin vetoes Confederate tax break roll back, but First Amendment scholar says that might be best - WHRO - May 10th, 2025 [May 10th, 2025]
- Baxter County facing $102,757 payment after losing eight-year First Amendment lawsuit - Mountain Home Observer - May 10th, 2025 [May 10th, 2025]
- DOJ to investigate this new Washington law for first amendment violations - KGW - May 10th, 2025 [May 10th, 2025]
- Judge orders Tufts scholar Rumeysa Ozturk released from ICE detention after serious First Amendment and due process questions - MSN - May 10th, 2025 [May 10th, 2025]
- The First Amendment and the Trump Administration's Anti-DEI Executive Orders - Reason Magazine - May 10th, 2025 [May 10th, 2025]
- Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment - Reason Magazine - April 25th, 2025 [April 25th, 2025]
- Thankfully, Larry David mocks Bill Maher First Amendment News 467 - FIRE | Foundation for Individual Rights and Expression - April 25th, 2025 [April 25th, 2025]
- No, Gov. Lombardo, nobody was being paid to exercise First Amendment rights - Reno Gazette Journal - April 25th, 2025 [April 25th, 2025]
- Letter from the Editor: The First Amendment shaped my time on the Hill - WKUHerald.com - April 25th, 2025 [April 25th, 2025]
- Analysis: Pro-Hamas speech is protected by the First Amendment - Free Speech Center - April 25th, 2025 [April 25th, 2025]
- Who Will Fight for the First Amendment? Protecting Free Expression at a Critical Time - - Center for Democracy and Technology - April 25th, 2025 [April 25th, 2025]
- What the Doxxing of Student Activists Means For the First Amendment - The Progressive - April 25th, 2025 [April 25th, 2025]
- Does Gov. Landrys bid to restrict attorney advertising violate the First Amendment? - Baton Rouge Business Report - April 25th, 2025 [April 25th, 2025]
- Harvard invokes First Amendment in US lawsuit over academic control - Times of India - April 25th, 2025 [April 25th, 2025]
- Fun with the First Amendment: Why Sarah Palins lawyers are happy, and why Deborah Lipstadt isnt - Media Nation - April 25th, 2025 [April 25th, 2025]
- The First Amendment Is Being Rewritten in Real Time - Rewire News Group - April 25th, 2025 [April 25th, 2025]
- Criminalizing the Assertion of First Amendment Rights - Law.com - April 25th, 2025 [April 25th, 2025]
- Massachusetts First Amendment case: Harmony Montgomerys custody hearing audio to be released - Boston Herald - April 25th, 2025 [April 25th, 2025]
- Harvard, Trump and the First Amendment: Will Others Follow Suit? - Law.com - April 25th, 2025 [April 25th, 2025]
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]