Myth: Second Amendment protects individual liberties | TheHill – The Hill
Heavily armed citizens showed up recently at protests in Wyoming, Pennsylvania, Minnesota, Montana, Coloradoand Idaho to allegedly protected peaceful protesters from antifa.
In Coeur dAlene, Idaho, groups of 25 to 50 armed men in combat gear spent successive nights patrolling the downtown area, following internet rumors that antifa agitators would be arriving from Seattle.
The FBI stated there is no evidence that any protests have been linked to antifa. Still, President Donald TrumpDonald John TrumpMelania Trump is 'behind-the-scenes' but 'unbelievably influential': book Police unions face lobbying fights at all levels of government Ernst challenger leads by three points in tight Iowa Senate race MORE tweeted: Domestic Terrorists have taken over Seattle, run by Radical Left Democrats, of course. LAW & ORDER!
In his June 1 Rose Garden address amid vowing to shield American citizens from professional anarchists, violent mobs, or arsonists, looters, criminals, rider rioters, Antifa the president promised to protect Second Amendment rights.
InJanuary,he tweeted, Your 2nd Amendment is under very serious attack in the Great Commonwealth of Virginia,days before a gun rights rally in Richmond. The gun-rights rally itself drew 22,000 peoplemany of them heavily armed and in combat gearto protest Democratic state legislators pledge to enact new gun control legislation.
In mid-April, after blue-state governors enacted quarantine measure, he alsoclaimed multiple timesthat these governors were trying to take peoples guns away. In an odd non-sequitur, the president seemed to conclude that lockdown restrictions were also tied to Second Amendment rights.
Less than two weeks later, armed anti-lockdown protesters descended on Michigans statehouse. In response, some state legislators worebulletproof vests, and the states legislative session ended early.
In each instance, armed protesters used the Second Amendment to undermine democracy and individual rights. Democratically elected bodies in Virginia and Michigan were effectively threatened if they choose to act on measures gun control and an extension of lockdown orders that had wide public support. When citizens descend on a state capital brandishing guns, they effectively end any commitment to democratic debate.
While gun control advocates point out that36,000Americans are killed by guns each year, it is also essential to consider how guns threaten First Amendment rights and the will of democratic majorities.
The idea that a right to bear arms is necessary to protect oneself from a tyrannical government implies that violence would, at some point, be justified.
The contrast between the anti-lockdown protests and the Black Lives Matter protests demonstrates the limits of the Second Amendment to check government tyranny.Mostly white, heavily armed, protesters were able to challengelargely popularpublic health measures by intimidating state officials.
However, it is difficult to imagine Black Lives Matter and other anti-police brutality protesters using the Second Amendment effectively. It stretches the bounds of credulity to think that heavily armed Black Lives Matter protests would be met with anything other than large-scale state-sanctioned violence.
The historical context of the Second Amendment also cannot be overlooked.
During debates regarding the ratification of the Constitution, some anti-federalists took particular notice ofArticle 1 Section 8of the Constitution. The offending passages give Congress the authority to call forth and train militias.
At the time, Southern slaveholdersworried that since the federal government was given power over the militias, Congress could eventually block southern states from using their militias to put down slave rebellions.
The full text of the Second Amendment states: 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. It is not an accident that James Madison, a slaveholder himself, mentions the need for states to have militias in the Second Amendment.
The great irony here is that the Second Amendment can be read a different way as protecting Americans from an overly militarized police force.
The use of the term militias in both Article 1 Section 8 and the Second Amendment is a reflection of the fact that the founders feared permanent professional standing armies would be a threat to liberty. The Second Amendment mentions militias because the framers intended military units made up of part-time citizen-soldiers to be the first line of defense.
The photos and video footage from around the country of a heavily militarized police force firing rubber bullets and tear gas into crowds of peaceful protesters certainly seems to justify the founders warnings to the dangers of standing armies.
The First Amendment protections of freedom of expression, freedom of assembly and freedom of the press, have proven to be the most effective tool for civil rights leaders past and present to demand justice and challenge instances of government oppression.
In contrast, the Second Amendment has historically been atool of the oppressors rather than the oppressed. It is time to let go of the myth that the Second Amendment is an effective tool for protecting individual liberties.
Katie Scofield has a Ph.D. in political science from Indiana University, with a focus on comparative constitutional law. She was awarded a Fulbright grant to study the Ecuadorian Constitution and its treatment of human rights and teaches government at Blinn College in Texas.
See the rest here:
Myth: Second Amendment protects individual liberties | TheHill - The Hill
- Trump and his allies are suddenly downplaying the First Amendment - CNN - September 19th, 2025 [September 19th, 2025]
- Jimmy Kimmel, the FCC, and Why Broadcasters Still Have Junior Varsity First Amendment Rights - Cato Institute - September 19th, 2025 [September 19th, 2025]
- Does the First Amendment apply in Jimmy Kimmel's suspension? - CBS News - September 19th, 2025 [September 19th, 2025]
- What to Know About Hate Speech and the First Amendment - The New York Times - September 19th, 2025 [September 19th, 2025]
- Why Jimmy Kimmels First Amendment rights werent violated but ABCs would be protected if it stood up to the FCC and Trump - The Conversation - September 19th, 2025 [September 19th, 2025]
- First Amendment discussion takes Tim Heaphy back to the days writing 2017 report - Cville Right Now - September 19th, 2025 [September 19th, 2025]
- First Amendment advocates increasingly worried after ABC pulled Jimmy Kimmel's show - USA Today - September 19th, 2025 [September 19th, 2025]
- While you may not agree with the content, canceling Jimmy Kimmel Live! out of fear of retaliation from a President who quite literally cant take a... - September 19th, 2025 [September 19th, 2025]
- Is hate speech protected by the First Amendment? What to know after Charlie Kirk's killing - IndyStar - September 19th, 2025 [September 19th, 2025]
- What does Jimmy Kimmels suspension really say about the First Amendment? | ChicagoNOW - FOX 32 Chicago - September 19th, 2025 [September 19th, 2025]
- Press Freedom and the First Amendment - Concord Monitor - September 19th, 2025 [September 19th, 2025]
- Philanthropies and Nonprofits Speak Out Against Attacks on First Amendment - Inside Philanthropy - September 19th, 2025 [September 19th, 2025]
- Daily Herald opinion: The first amendment is under assault. We should all be defending it - Daily Herald - September 19th, 2025 [September 19th, 2025]
- The First Amendment and judicial proceedings: Mary McCord in conversation - The Contrarian - September 19th, 2025 [September 19th, 2025]
- SPJ announces 2025 winners of Distinguished Teaching in Journalism, Galvan Outstanding Graduate in Journalism, Lewis First Amendment Awards - Society... - September 19th, 2025 [September 19th, 2025]
- R.I.P. the First Amendment, Killed by Cowardice and Greed - The Daily Beast - September 19th, 2025 [September 19th, 2025]
- Free speech in the workplace? A First Amendment attorney weighs in - WKYC - September 19th, 2025 [September 19th, 2025]
- Do you think the Trump administration is a threat to First Amendment free speech protections with its recent efforts to stifle dissent? - Wyoming... - September 19th, 2025 [September 19th, 2025]
- First Amendment advocates increasingly worried after ABC pulls Jimmy Kimmel. Here's why - Yahoo - September 19th, 2025 [September 19th, 2025]
- Mass. teachers are being placed on leave for posts on Charlie Kirks death. What are their First Amendment rights? - The Boston Globe - September 19th, 2025 [September 19th, 2025]
- The First Amendment is for we, not just thee - Baptist News Global - September 19th, 2025 [September 19th, 2025]
- Charlie Kirk And The Chill Effect Ices The First Amendment - Colorado Times Recorder - September 19th, 2025 [September 19th, 2025]
- Opinion | Censoring Jimmy Kimmel Is Not The Biggest Threat To The First Amendment - Common Dreams - September 19th, 2025 [September 19th, 2025]
- LAUSD has a social media policy for parents. ACLU says it violates the First Amendment - LAist - September 19th, 2025 [September 19th, 2025]
- What does the First Amendment mean and how does it work? - CBS News - September 19th, 2025 [September 19th, 2025]
- Pam Bondi's hate speech comments exposed a stunning ignorance of the First Amendment - MSNBC News - September 19th, 2025 [September 19th, 2025]
- Jon Stewart Responds to Jimmy Kimmel Live! Being Pulled: 'We Have a Little Thing Called the First Amendment' - People.com - September 19th, 2025 [September 19th, 2025]
- Private unions and the limits of First Amendment claims - Daily Journal - September 19th, 2025 [September 19th, 2025]
- The first amendment is not what it used to be: Nicolle Wallace reacts to Jimmy Kimmels suspension - MSNBC News - September 19th, 2025 [September 19th, 2025]
- ISU legal scholar on the First Amendment: 'Its very misunderstood' - WGLT - September 19th, 2025 [September 19th, 2025]
- Cruz says First Amendment absolutely protects hate speech in wake of Charlie Kirk killing - Politico - September 17th, 2025 [September 17th, 2025]
- Does the First Amendment protect you at work? Charlie Kirk critics are learning the answer - The Hill - September 17th, 2025 [September 17th, 2025]
- Pam Bondi Is Clueless About the First Amendment - New York Magazine - September 17th, 2025 [September 17th, 2025]
- The rights free speech defenders declare war on First Amendment over Charlie Kirk murder reactions - The Independent - September 17th, 2025 [September 17th, 2025]
- Federal judge overturns part of Floridas book ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - The... - September 17th, 2025 [September 17th, 2025]
- How online reactions to Charlie Kirk's killing test limits of First Amendment - USA Today - September 17th, 2025 [September 17th, 2025]
- From TikTok to the First Amendment: Exploring journalism and democracy in a USC Annenberg course open to all majors - USC Annenberg - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - NewsNation - September 17th, 2025 [September 17th, 2025]
- Law professor on First Amendment and social media in the wake of Charlie Kirk assassination - WCTV - September 17th, 2025 [September 17th, 2025]
- Hiding Behind Kirk, Team Trump Launches 'Biggest Assault on the First Amendment' in Modern US History - Common Dreams - September 17th, 2025 [September 17th, 2025]
- Donald Trump vs the First Amendment - The Spectator World - September 17th, 2025 [September 17th, 2025]
- New Yorks Ban on Addictive Social Media Feeds for Kids Takes Shape With Proposed Rules - First Amendment Watch - September 17th, 2025 [September 17th, 2025]
- Republicans are honoring Charlie Kirks memory by declaring war on the First Amendment - The Verge - September 17th, 2025 [September 17th, 2025]
- Charlie Kirk comments got them fired: Do they have First Amendment protection? - MSN - September 17th, 2025 [September 17th, 2025]
- South Bend responds to teacher comments about Charlie Kirk's death, cites First Amendment - South Bend Tribune - September 15th, 2025 [September 15th, 2025]
- What are the limits of free speech? Online controversies spark First Amendment debate - WKRC - September 13th, 2025 [September 13th, 2025]
- Are teachers' social media posts on Charlie Kirk protected by the First Amendment? - CBS News - September 13th, 2025 [September 13th, 2025]
- Federal Court Blocks Trump Administrations Freeze of Grants to Harvard University: Implications for First Amendment and Title VI Enforcement -... - September 13th, 2025 [September 13th, 2025]
- Dunleavy: A tribute to Charlie Kirk and the First Amendment - Juneau Empire - September 13th, 2025 [September 13th, 2025]
- This Just In: The Very First Amendment - Chapelboro.com - September 13th, 2025 [September 13th, 2025]
- FWC is limiting social media comments, raising First Amendment concerns - Creative Loafing Tampa - September 13th, 2025 [September 13th, 2025]
- On the First Amendment and the Fourth Estate - Boca Beacon - September 13th, 2025 [September 13th, 2025]
- WATCH: The first amendment vs. fascism - The.Ink | Anand Giridharadas - September 11th, 2025 [September 11th, 2025]
- Opinion | Vivek Ramaswamy: An Ohio County vs. the First Amendment - The Wall Street Journal - September 11th, 2025 [September 11th, 2025]
- Former Backpage CEO Gets Three Years of Probation After Testifying at Trial About Sites Sex Ads - First Amendment Watch - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk Died Protecting the First Amendment Says Grant County GOP Chair - Source ONE News - September 11th, 2025 [September 11th, 2025]
- This school year, attacks on the First Amendment extend to our schoolhouse doors | Opinion - Bergen Record - September 9th, 2025 [September 9th, 2025]
- A Decades-Long Peace Vigil Outside the White House Is Dismantled After Trumps Order - First Amendment Watch - September 9th, 2025 [September 9th, 2025]
- Woman sues Madison County attorney, former Madison city clerk over alleged violation of First Amendment rights - norfolkneradio.com - September 9th, 2025 [September 9th, 2025]
- Talkative Defendant Is Told He Misunderstands First Amendment By Harvey Weinstein Judge - Inner City Press - September 9th, 2025 [September 9th, 2025]
- 'South Park' keeps tying Trump to Satan. What to know about satire and the First Amendment - USA Today - September 6th, 2025 [September 6th, 2025]
- Man told to take down Trump flag says it's a First Amendment issue. Mayor says it has to be on a flag pole - News 12 - Westchester - September 6th, 2025 [September 6th, 2025]
- First Amendment Rights and Protesting in Tennessee - Nashville Banner - September 6th, 2025 [September 6th, 2025]
- Northwestern University President Says He Will Resign Following Tenure Marked by White House Tension - First Amendment Watch - September 6th, 2025 [September 6th, 2025]
- Surprise resident's First Amendment fight against city far from over one year later - yourvalley.net - September 6th, 2025 [September 6th, 2025]
- Letter: Trump crushes the First Amendment - InForum - September 5th, 2025 [September 5th, 2025]
- From Kozminski to Cherwitz: The TVPA's Transformation from Anti-Trafficking Tool to First Amendment Weapon - The National Law Review - September 5th, 2025 [September 5th, 2025]
- Graham Linehans arrest shows we need a UK First Amendment - Spiked - September 5th, 2025 [September 5th, 2025]
- First Amendment battles loom over another religious law in Texas - yahoo.com - September 5th, 2025 [September 5th, 2025]
- Trump Administration Agrees To Restore Health Websites and Data - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- MFIA Clinic Urges FTC to Withdraw Proposed Consent Order on First Amendment Grounds - Yale Law School - September 5th, 2025 [September 5th, 2025]
- Judge Reverses Trump Administrations Cuts of Billions of Dollars to Harvard University - First Amendment Watch - September 5th, 2025 [September 5th, 2025]
- Harvard Wins Legal Battle over Research Funding, Citing First Amendment Rights - Davis Vanguard - September 5th, 2025 [September 5th, 2025]
- We have the First Amendment and we have to protect it: GOP lawmaker - Fox Business - September 5th, 2025 [September 5th, 2025]
- Jay Bhattacharya: the First Amendment is unenforceable - UnHerd - September 5th, 2025 [September 5th, 2025]
- Judge rules Trump administration violated First Amendment in Harvard funding dispute - Washington Times - September 5th, 2025 [September 5th, 2025]
- LAWSUIT: Texas bans the First Amendment at public universities after dark - FIRE | Foundation for Individual Rights and Expression - September 3rd, 2025 [September 3rd, 2025]
- Organization Defends UTCs First Amendment Rights As Greek Life Paused In Hazing Probe - Black Enterprise - September 1st, 2025 [September 1st, 2025]
- Thank Goodness For The First Amendment: SALT In Review - Law360 - August 29th, 2025 [August 29th, 2025]
- Meet the First Amendment reporters protecting your freedoms | Opinion - The Tennessean - August 29th, 2025 [August 29th, 2025]