Well, try to speak in court if you are a witness after the
judge orders you to be quiet. Testimony is an area where both speech
restrictions and speech compulsions are routine.
This isn’t to say that Prof. Blocher’s argument is sound –
analogies between different constitutional provisions will only take you so
far. (Plus there are counteranalogies – the right to jury trial, unless I’m
mistaken, has specifically been held not to include the right to waive a jury
trial.) It’s just that in the First Amendment context, the right not to speak
is usually (not always) as protected as the right to speak; the objection
should be to applying it to the Second Amendment.
Eugene
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Phil Lee
Sent: Thursday, August 16, 2012 9:25 PM
To: Joseph E. Olson; List Firearms Reg
Subject: Re: Background intelligence
"The First Amendment, for example, guarantees both the right to speak and the
right not to speak."
Try to "not speak" if you are a reporter trying to protect the ID of a source
after ordered revealed by a judge.
Phil
________________________________
From: Joseph E. Olson <jol...@gw.hamline.edu<mailto:jol...@gw.hamline.edu>>
To: List Firearms Reg
<firearmsregprof@lists.ucla.edu<mailto:firearmsregprof@lists.ucla.edu>>
Sent: Thursday, August 16, 2012 10:54 PM
Subject: Background intelligence
I've just learned that I'll be on a panel with him at the Univ. of Wisconsin in
early November. Anyone know him or his work?
****************************************************************************************************************
Professor Joseph Olson, J.D., LL.M.
o- 651-523-2142
Hamline University School of Law (MS-D2037)
f- 651-523-2236
St. Paul, MN 55113-1235
c- 612-865-7956
jol...@gw.hamline.edu<mailto:jol...@gw.hamline.edu>
http://law.hamline.edu/constitutional_law/joseph_olson.html
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Associate Professor Joseph Blocher’s principal academic interests include
federal and state constitutional law, the First and Second Amendments, capital
punishment, and property.
He joined the Duke Law faculty in 2009. Before coming to Duke, he clerked for
Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and
Rosemary Barkett of the U.S. Court of Appeals for the Eleventh Circuit. He also
practiced in the appellate group of O’Melveny & Myers, where he assisted the
merits briefing for the District of Columbia in District of Columbia v. Heller.
Articles:
The Right Not to Keep or Bear
Arms<http://scholarship.law.duke.edu/faculty_scholarship/2464/>, 64 Stanford
Law Review 1-54 (2012)
Categoricalism and Balancing in First and Second Amendment
Analysis<http://scholarship.law.duke.edu/faculty_scholarship/2104/>, 84 New
York University Law Review 375-434 (2009)
Heller's Problematic Second Amendment
Categoricalism<http://scholarship.law.duke.edu/faculty_scholarship/2462/>, The
Legal Workshop (October 2, 2009)
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