The plaintiffs sought to invoke the First Amendment’s presumption against prior restraints — laws that impose hurdles on speech-related activities, such as licensing laws. They argued that just as the First Amendment generally forbids the government from requiring anyone to obtain a license before speaking, the Second Amendment also should forbid government from making individuals obtain licenses before exercising their fundamental right to “keep and bear arms.”Actually there is quite a bit of 1st Amendment analogizing, both here and in other cases. The key word is "wholesale." The judges said you cannot import those comparisons "wholesale into Second Amendment jurisprudence."
“We are hesitant to import substantive First Amendment principles wholesale into Second Amendment jurisprudence,” the appeals court panel wrote.
What's your opinion? Don't you wish the judges would rule on the car comparisons too?
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