The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Tuesday, April 23, 2013

Tread on Me: The Case for Freedom From Terrorist Bombings, School Shootings and Exploding Factories |

I guess you could call me a statist. I’m not sure we need public financing for our symphonies or our farmers or our mortgages—history will also recall my Stand With Rand on the great laser-pointing controversy of 2011—but we do need Big Government to attack the big collective action problems of the modern world. Our rights are not inviolate. Just as the First Amendment doesn’t let us shout “Fire!” in a crowded theater, the Second Amendment shouldn’t let us have assault weapons designed for mass slaughter. And if the authorities decided it was vital to ask Tsarnaev about his alleged murder of innocents before reminding him of his Fifth Amendment rights to lawyer up, I won’t second-guess their call. The civil liberties purists of the ACLU are just as extreme as the gun purists of the NRA, or the anti-regulatory purists in business groups like the Club for Growth.


He needn't ask. The treadmill is up and running. Indeed, he may be inside of it, helping it to keep running. It will run and run, until all of the people inside of it are used up. --ts

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I trust that the Constitution protects one's right to bear pressure cookers.
I trust that Common Law prohibits one's right to explode them in a place of public resort.

Posted by: dearieme | Apr 25, 2013 3:43:40 AM