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再补充一个 The First Amendment Guide to the Second Amendment PDF
Conclusion
Much more can, and should, be written about the intersection of First and Second Amendment doctrines. This Article has attempted to advance scholarly and judicial analysis by examining various principles and doctrines that were originally developed for the First Amendment that may be useful for analyzing the Second Amendment. The Supreme Court’s decisions in Heller and McDonald show that for analysis of the Second Amendment, the First Amendment is in a preferred position. Lower courts such as the Seventh Circuit and the D.C. Circuit have followed the Supreme Court’s teaching in this regard, although the D.C. Circuit seems to have forgotten that Justice Breyer was writing for the Heller dissent, not the majority. Many First Amendment principles and doctrines have ready application to the Second Amendment. A few, such as prior restraint, require a more selective and nuanced approach.
For a few decades in the late twentieth century, the Second Amendment was ignored or denigrated by some courts. Now that the Second Amendment has been restored to its rightful position as part of normal constitutional law, the Second Amendment will, like many other provisions of the Constitution, continue to be influenced by the rich body of doctrines and precedents that were first developed for the First Amendment.
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