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Here Is Biden’s Plan To Take Your Guns

He made it very clear.

“No constitutional amendment is absolute,” Joe Biden lectured Congress last night in pursuit of his gun-control agenda. We’ll get back to that in a moment, but that’s actually only the second dumbest argument Biden made on this point.

There’s a reason why this comes to us from the Bad Legal Takes account:

BIDEN: These kinds of reasonable reforms have overwhelming support from the American people, including many gun owners. The country supports reform, and Congress should act. This shouldn’t be a red or blue issue. And no amendment to the Constitution is absolute. You can’t yell fire in a crowded theater. From the very beginning, there were certain guns, weapons that could not be owned by Americans. Certain people could not own those weapons, ever. We’re not changing the Constitution. We’re being reasonable.

Note well that this was no ad-lib, and it’s not the first time Biden’s trotted out this argument. The most recent appearance of this utterly wrong argument was three weeks ago, in almost the exact same form:

“Nothing I’m about to recommend in any way impinges on the Second Amendment,” Biden said. “They’re phony arguments suggesting that these are Second Amendment rights in what we’re talking about.”
Biden added that “no amendment to the Constitution is absolute. You can’t yell ‘fire’ in a crowded movie theater and call it freedom of speech. From the very beginning, you couldn’t own any weapon you wanted to own. From the very beginning of the Second Amendment existed, certain people weren’t allowed to have weapons.”

The “fire in a crowded theater” argument is an old saw derived from a Supreme Court decision that later got repudiated by the Supreme Court. Oliver Wendell Holmes’ argument in Schenck that used this analogy allowed the federal government to throw anti-war protesters in prison during World War I. David Harsanyi explained this at National Review at the time:

This is probably the weakest – and the most infuriatingly overused — analogy used in efforts to restrict rights. The line, taken from Oliver Wendell Holmes’ decision in Schenck v. United States and subsequently repeated by thousands of censorship apologists since, was at the heart of one of the most egregious violations of free expression in American history. The Schenck decision allowed the Wilson administration to throw anti-war activists into prison for violating the Espionage Act of 1917. It’s difficult to think of a more legitimate exercise of political expression than debating war and peace. In any event, Schenck was basically overturned by the Brandenburg v. Ohio decision, which found that the First Amendment protects speech unless it is likely to incite “imminent lawless action,” which yelling “fire in a theater” does not.

By the way, Brandenburg was decided in 1969. You’d think an attorney like Biden, let alone a lawmaker, would have become cognizant of the precedent at some time over the past 52 years. Or at the very least, Biden’s speechwriter would have checked out that reference and its usage.

Why Biden keeps making an ugly violation of free-speech rights as an argument to restrict firearms is anyone’s guess. It’s also unclear why he insists on using the straw-man argument about “absolute” amendments. No one is arguing that all legislation and regulation on firearms ownership is illegitimate. What is being argued is that Biden’s proposals are arbitrary and designed to interfere with legitimate individual rights to keep and bear arms, and that Biden’s time might be better spent enforcing the laws already on the books. How many prosecutions, for instance, did the Obama administration pursue against felons who tried to purchase firearms but got stopped by background checks? That itself is a federal crime, but one rarely investigated, let alone prosecuted.

Besides, a few amendments certainly seem absolute, including the Fifth, Sixth, and especially the Thirteenth Amendments. Unless Biden wants to argue that slavery is negotiable, based on congressional action. And for that matter, if Biden’s arguing that no amendment is absolute, then let’s talk about setting some  serious limits on the “right” to have an abortion, which isn’t even enumerated in the text of the Constitution — unlike the right to keep and bear arms.

Sources: HotAir: Biden: I can restrict guns because you can’t yell “Fire!” in a crowded theater, redux

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Written by Joshua Jackson

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  1. Guns ? What Guns ? *Looks toward Front Yard, I see No Gun…. Maybe a revolver in a Drawer, Another put Up in a Closet, A Pistol in a Desk, A couple of “Boys Rifles” In a cabinet…. But I haven’t seen a Gun since I left the Artillery more Than forty years ago, and they are TOO BIG to hide

  2. My family came to the new land (America) with the Pilgrims!! We helped settle this Country, write the Declaration of Independence, the Bill of Rights, Fought in the Revolutionary and Civil Wars and all wars since!! I have NEVER seen such a bunch of wussified, cowardly Pu**ies and Liars in my entire life as the current DemocRAT party is!!! The Amendments to the Constitution were put in place because of Idiots like many of todays Greedy DemocRAT’s!!! Obama didn’t have a pot to pee in nor the land for it to fall on but look at him now!!! Multimillion $$$ homes!!! Kamala Harris is an “Anchor Baby” and cannot legally be VP of the USA because her parents reportedly weren’t married or have any papers allowing them to be here!!! Her dad was a slave owner/trader from Jamaica, her mom was from India!!!

  3. This website rarely publishes comments unless they are what THEY want people to read and that they agree with! They have refused 2 of my factual comments!!! Maybe the 2022 election can clear up this mess or it may take another Bloody Civil War!!!!

  4. Biden, is out for himself and could care less about the American people Its business as usual in good old Washington DC

    • Nahh, Commissar Bidenski doesn’t want a “Civil War” , he Is begging for a very UNCIVIL Revolution, Maybe he should Read King George’s Memoirs, Someone who could relate the Story of Getting his Butt “whupped” all the way Back across an Ocean, Twice In Twenty years…. But if we have to do it again, we need to make sure There are NOT any Survivors, Not a Single “Pelosing, Schmuck, Cheney or AOC, omar or Tlaib “….

  5. First you defunded the police . Then you kill millions of jobs .Now you want to drown us in immigrants who may or may not carry the covid-19 virus. You’re wanting to take our rights as you have already taken our freedom of speech I’ll be damned if you will take the Second Amendment or infringe upon it in anyway. America will fight and fight to the end to keep our rights to be safe. And I didn’t even mention that you’re wanted to raise our taxes because you cannot manage money after receiving trillions of dollars to do so.

  6. How about the other lie in his statement? Where , either in the Constitution or in any contemporaneous law weapons of any sort were banned?… Uncle Joe is full of it!

  7. Brandenburg v. Ohio says that speech that is likely to “incite lawless action” is well and good but why is “Mad Maxine” getting away with her rants calling for “being more confrontational” without even a slap on the wrist?

  8. You want to keep your guns? Make sure that your Sheriff is pro-gun and will keep non-resident gun-grabbers out of his county. Your Sheriff is the ultimate law in his jurisdiction!

  9. The Democrats refuse to obey the Constitution or our Laws. God help us if they ever try to rewrite the Constitution, because they are idiots and we would have no rights left.

  10. joe Biteme is a goofy loony tunes cartoon character hiding in the oval office. He is senile, demented stupid and has not the faintest idea of what our Constitutional rights are. It is sad for this country that we may be stuck with this loser for four years. God help us. Please!!

  11. Biden says that the first amendment doesn’t allow you to yell “fire” in a crowded movie theater. Firearms do not “ignite” by themselves. The 2nd Amendment considers the actions of human beings. To limit the number and type of firearms people own is like limiting the types of words people speak. People like Biden and his democrat conspirators should have their tongues cut out, for the same reason some people should be forbidden to own firearms!

  12. Leftist ideology and the Leftist agenda are, and have always been, based on lies, misinformation, and deception. The greatest enemies of the Left are facts, truth, and reality. The day the Left starts being truthful is the day they cease to exist.

  13. I DON’T SURRENDER GUNS TO A COMMUNIST REGIME FOR NO REASON. COMMUNIST BIDEN IS NOT A PRESIDENT HE IS A DAMOCRAP FRAUDULENT PUSH IN BY THE COMMUNIST DAMOCRAP PARTY. AND THE WHOLE CLAN OF THUGS SHOULD BE EXTERMINATED .

  14. No matter who Biden or any of his cronies think they are, there is no way, no way in Hell anyone will ever be able to remove all of our weapons. Even if the only ones left are illegal ones, he’s not going to pave the way for his chinese buddies to come marching in and just take over without a fight. We all know he’s obligated to China but that’s on him and his family, he should’ve stayed loyal to his country and not try to sell us down the river. One thing him or his Chinese friends don’t realize is there’s no retreat in our country’s spirit, he should’ve paid attention a little more when it came to who we are. During the attack on Pearl Harbor Adm. Yamamoto had said, ” I think we just poked a sleeping giant!” Man, did he get that one right. According to Nostrodamas, the 3rd world war will be fought right here on this soil, we are supposed to win it but it will be a very bloody and costly war but we win by the end of it. The only thing that would/could stop it would be the 2nd coming of Christ, other than that nothing will stop it, just because we let them play with all the marbles. I hope and pray we learned something .

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