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6 - Arming Public Protests

Published online by Cambridge University Press:  04 May 2023

Timothy Zick
Affiliation:
Williams & Mary Law School, Virginia
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Summary

Chapter 6 examines the special challenges public carry of firearms pose for public protest. Arming public protests is incompatible with peaceful forms of dissent. It threatens to intimidate protesters and chill protected First Amendment activity in the public square. The chapter proposes several measures that can reduce or eliminate these harms, including prohibitions on public carry at permitted events, bans on armed groups in public places, and place restrictions deemed presumptively valid under the Second Amendment. The Supreme Court has recently issued an expansive interpretation of public carry rights, based on the nation’s historical practice of gun regulation. But there is historical support for at least some restrictions on public carry at or near public protest events. Even if the best that can be done is a ban on open carry, that would alleviate some of the most nefarious effects public carry has on public protest.

Type
Chapter
Information
Managed Dissent
The Law of Public Protest
, pp. 143 - 162
Publisher: Cambridge University Press
Print publication year: 2023

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  • Arming Public Protests
  • Timothy Zick, Williams & Mary Law School, Virginia
  • Book: Managed Dissent
  • Online publication: 04 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009024372.008
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  • Arming Public Protests
  • Timothy Zick, Williams & Mary Law School, Virginia
  • Book: Managed Dissent
  • Online publication: 04 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009024372.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Arming Public Protests
  • Timothy Zick, Williams & Mary Law School, Virginia
  • Book: Managed Dissent
  • Online publication: 04 May 2023
  • Chapter DOI: https://doi.org/10.1017/9781009024372.008
Available formats
×