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If principles of First Amendment still apply, principles of Second do, too

By David McElroy · January 29, 2013

TV news control room

The Second Amendment wasn’t written to protect hunters. It also wasn’t written just to protect the rights of people to defend their own property from thieves. It was written to make it clear that individuals had the right to own weapons to defend themselves against tyrannical governments.

For too many years, supporters of gun rights allowed the lobbyists of the National Rifle Association to define the arguments of the pro-gun side. As a result, many people are fixated on the historically inaccurate view that the Second Amendment is all about hunters and individual protection. Instead, that amendment is far more radical than the NRA was willing to state.

The Second Amendment was written by people who were very serious about the notion that “whenever any Form of Government becomes destructive of [individual liberty], it is the Right of the People to alter or to abolish it….” The Second Amendment was written by people who had just finished fighting a revolution. It was intended as a guarantee that future Americans would have the ability to fight against a future government that had grown too powerful.

People on the Progressive left tell us that the Second Amendment wasn’t written for today. They say the amendment was written for a day in which weapons were far less powerful. For instance, CNN’s Piers Morgan recently tweeted, “The 2nd amendment was devised with muskets in mind, not high-powered handguns & assault rifles. Fact.” Let’s look briefly at his claim and its implications.

At the time the Second Amendment was written, muskets were the weapons used by individuals and by the government. There wasn’t any difference in the weapons the two could deploy. There wasn’t some high-powered musket technology that the government retained for its exclusive use. The people were on equal footing if it came time to revolt.

Today, government has exotic weaponry that individuals aren’t allowed to own, even if they could afford it. Try to buy a functioning tank or fighter jet if you don’t believe me. We’re supposed to trust them, not the other way around. Starting in the 1930s, it became almost impossible for individuals to own automatic weapons — commonly called machine guns — although governments can deploy them in any way they choose. Overall, it’s made it more and more difficult for individuals to compete with tyrannical government if they need to revolt.

Soldier firing musketThe other issue that many people are overlooking is that they’re being inconsistent. Those who hate right guns and are eager to find a narrow reading of the Second Amendment love to take the most broad interpretation possible for the First Amendment.  They tell us that the Second Amendment wasn’t written with modern technology in mind, but have they stopped to consider that the First Amendment wasn’t written with modern technology in mind, either?

The First Amendment refers to freedom of speech and of the press, among other things. Through various court decisions, that has been expanded far beyond the narrow text. Nobody says that government can stop television and Internet journalists from telling the truth simply because their technology is far more powerful than any press that was dreamed of when the words were written. We understand “speech” to be pretty much any personal expression. For instance, most of the porn that’s available today is covered by freedom of speech, even when there are no words involved.

The First Amendment wasn’t written with modern technology in mind, but we understand that the principles are what matter. We look to the intent of the people who wrote it and we understand that they intended to recognize the rights of individuals to have the maximum freedom to express themselves. We need to bring the same principles to bear on the reading of the Second Amendment.

You can’t have it both ways. If you’re going to pretend that a constitution can limit a government, then you have to stick to what the text says and what it was understood to mean. Be consistent. Be intellectually honest. The First Amendment recognizes the freedom of individuals to express themselves in pretty much any way they want. The Second Amendment recognizes the freedom of individuals to have weapons that would allow them to revolt against their government.

If you’re still trying to live in the framework of the U.S. Constitution — because you believe that “limited government” is possible — be consistent in how you look at the freedoms of individuals. At least try. Or at least pretend to try.

One-size-fits-allAnd then when you finally figure out that there’s no such thing as limited government, let’s talk about how to go beyond the “one size fits all” system of today and set up something so that we can all pick our own rules. Those who’d like to live where nobody owns weapons are welcome to do so. Those who’d like to live where everyone is armed to the teeth is also welcome to do so. We need a system that recognizes the rights of people to do their own thing instead of being forced to obey rules handed down from above.

Nobody has the right to make up one set of rules and force them on all of us. Until enough people finally reach that conclusion — and quit trying to force everyone to agree with them — we’re going to be stuck with people who are selective in which freedoms they like and how intellectually honest they’re willing to be.

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As part of my effort to rid my life of social media, I will no longer display links to my two Instagram accounts here. Those accounts will be dormant for the time being and will eventually be deleted. I plan to have a method for displaying photos here instead, but the solutions I’ve tested so far have been disappointing. I’m still working on it.

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I need some new portraits of myself, so I tried a I need some new portraits of myself, so I tried a few shots after I got home late Monday night. This one wasn’t great, so I’ll try again later, but I can use it until I have time to shoot another. I was too lazy to light this one properly — and it shows. 😺
Sunset, Leeds, Alabama — August 27, 2026 Sunset, Leeds, Alabama — August 27, 2026
Sunset, Leeds, Alabama — August 19, 2026 Sunset, Leeds, Alabama — August 19, 2026
When I got home at midnight Monday, I was doing so When I got home at midnight Monday, I was doing some work in the studio and Oliver wanted to join me, so I showed him around to acclimate him to the place again. He rarely goes in there, but I have pictures of him in that studio on the night I brought him home as a kitten. 😺
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When I take lightning pictures, I’m always hoping When I take lightning pictures, I’m always hoping to get just one usable photo, but I got two dramatic images tonight. You might recognize the water tower and communication tower that you’ve seen in many of my sunset photos. This is about a mile from my house in Leeds, which is just east of Birmingham.
For those who are in places where it’s miserably h For those who are in places where it’s miserably hot today, here is a minute of light rain and gentle thunder from my back yard late Saturday afternoon. It’s very relaxing to stand at my back door and watch this, especially since the heat is pretty mild today — 80 degrees (about 26 celsius) — for July in the American South.
Alex was willing to cooperate with me for a new po Alex was willing to cooperate with me for a new portrait late Wednesday night. It’s been roughly three and a half years now since the cold night when I was able to lure him out from behind a garbage dumpster into a trap — but I don’t think he’s sorry at this point that he fell for the trick. 😺
This is the face of a man who’s thrilled that the This is the face of a man who’s thrilled that the weekend is finally here. It was a very long (and productive) week, but the time has finally come that I have time to write and read and think. Late Friday night, I’m at the McDonald’s near my house with a Diet Dr Pepper and a MacBook. For me, it’s like Cheers without the booze.
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Meg posed for a simple portrait in the bedroom for Meg posed for a simple portrait in the bedroom for me late Friday night. She’s a very photogenic girl.
I was taking a photo of Sam in an office window wh I was taking a photo of Sam in an office window when Oliver decided he should have some attention, too. Sam knows that his bigger brother is upstaging him, but he’s not sure whether to stay in the window or jump down.
From the CritterCam: Alex has been sleeping in the From the CritterCam: Alex has been sleeping in the cat bed on my desk Thursday night, but Oliver seems to be trying to bully him into moving so the big gray boy can have the spot instead. But Alex turned back around and went back to sleep. Oliver was disappointed, but walked away.
From the CritterCam: Even though I’m not at home, From the CritterCam: Even though I’m not at home, Alex seems to know that I’m watching him over the webcam. He’ll be back to sleep any moment, though.
Late Wednesday night, Meg is relaxing on the bed w Late Wednesday night, Meg is relaxing on the bed while I write in the bedroom. Every now and then, Oliver cruises by the foot of the bed and she takes off to chase him — then seems to remember that he has “boy cooties” and breaks off the chase. She seems pretty happy to be here as she finishes Day 22 in the house with us.
Just before midnight, Meg is purring in my arms as Just before midnight, Meg is purring in my arms as we hang out together in the bedroom. She’s a photogenic little girl.
Meg is just hanging out in the office on the castl Meg is just hanging out in the office on the castle Tuesday afternoon. That’s Sam on the mantle behind her. Today marks three weeks since she came inside and went to the vet, but it seems as though she’s been here much longer than that.
From the CritterCam: I just checked the webcam as From the CritterCam: I just checked the webcam as I was trying to get to sleep. Alex has firm control of then cat bed, but Oliver seems to be stalking him in an intimidating fashion — which doesn’t seem the least bit intimidating to Alex. Every cat seems certain that he or she deserves exactly what he or she wants. We humans could learn a lot about confidence from felines.
I love how relaxed and confident Meg is when she h I love how relaxed and confident Meg is when she hangs ou in my lap. This is just before midnight Monday night. Tomorrow will mark her third full week with us. I’d say she’s pretty happy with this transition, even if she’s still wary of her brothers some of the time. I actually saw her charge Oliver briefly tonight — and he got out of her way. So she’s learning.
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The company that owns Facebook and Instagram is heavily promoting its new AI-based software assistant called Muse, but people who are using it as it was designed are incredibly foolish. An early adopter of the software discovered that a few days ago when he advertised an item for sale on Facebook Marketplace — and he inadvertently gave Muse full authority to act on his behalf. The software agreed to a lowball offer made by another Facebook user and then gave that man the home address of the man for whom he was an agent. The software told the buyer that the seller was home and waiting for him. When the buyer showed up and waited angrily, the would-be buyer left an angry review for the man. And this angry man had the seller’s home address. It was only well after that that the software reported what it had done and admitted it had made a mistake. I won’t be putting that much power into the hands of any software. I think anyone who agrees to such terms is a fool. And the software’s user agreement says you’re responsible for purchases the software makes in your name. Nope.

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