The pen is mightier than the sword. It is also mightier than
the gun – whether it is a revolver, semiautomatic pistol, assault rifle, or
machine gun. Words can move the world whether these words are delivered through
speech, the printing press, or the internet.
The speeches of Lenin inspired the birth of a movement that led
to the deaths of nearly 100 million human beings.
The speeches of Hitler inspired the birth of a movement that
led to the deaths of 61 million human beings in World War II and to another 11
million human beings in his murderous programs of extermination. Countless
others died by other fascistic leaders inspired by Hitler.
There is not a single gun that could lead to so many
fatalities. Not even a single weapon of mass destruction could kill so many
human beings. Therefore, one could claim that speech is more dangerous than
guns.
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances.” -- The First Amendment
“A well regulated Militia, being necessary to the security
of a free State, the right of the
people to keep and bear Arms, shall not be infringed.” -- The Second Amendment
Notice the words – “no law” and “shall not be infringed.”
These are absolutes. Of course, both free speech and the right to bear arms
have limits. The Supreme Court has recognized several
categories of speech that do not enjoy First Amendment protection. These
categories include fighting words, obscenity, child pornography, imminent
incitement of illegal activity, threats, solicitations or offers to engage in
illegal activity, and libel. The Supreme Court has also recognized limits on
the right to bear arms.
Like most rights, the Second
Amendment right is not unlimited. It is not a right to keep and carry any
weapon whatsoever in any manner whatsoever and for whatever purpose: For
example, concealed weapons prohibitions have been upheld under the Amendment or
state analogues. The Court’s opinion should not be taken to cast doubt on
longstanding prohibitions on the possession of firearms by felons and the mentally
ill, or laws forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms. Miller’s holding that the
sorts of weapons protected are those “in common use at the time” finds support
in the historical tradition of prohibiting the carrying of dangerous and
unusual weapons.
Given that both speech and guns may be limited by the
government, and given that the pen is mightier than the sword (or gun), why is
speech not regulated as guns are? What if words were regulated as guns are?
What if speech were regulated as gun control advocates would like guns to be
regulated?
Ban on “Machine Words”
and “Assault Words”
Machine guns were effectively banned by Congress in the
National Firearms Act of 1934. “Assault weapons” were banned by the Violent
Crime Control and Law Enforcement Act of 1994 – which lapsed in 2004 but may
very well be renewed. These firearms are more powerful, and hence, more dangerous.
Likewise, one could argue that some types of speech are more powerful, and
hence, more dangerous. Current categories of prohibited speech do not have to
do with the power of those words. These categories are based upon contexts.
Therefore, new categories of speech not protected by the First Amendment would
have to be created in order to be analogs of restrictions on machine guns and
“assault weapons.” Impassioned speech by charismatic individuals – whether
skilled orators like Martin Luther King, Jr. or skilled writers like Thomas
Jefferson – would need to be banned. No written work has inspired more people
than the Bible. Hence, that would need to be banned as well. The passionate
words of such individuals inspire actions in the way that the words of bland
and emotionless hacks do not. Therefore, in order to protect the children from
the next Lenin or the next Hitler, powerful words – “machine words” and
“assault words” must be banned.
Waiting Period and
Background Check
The Brady Handgun Violence Prevention Act of 1994 imposes a
five-day waiting period on the purchase of a handgun and requires that local
law enforcement agencies conduct background checks on purchases of handguns.
Words are more dangerous than guns; therefore a similar five-day waiting period
should be imposed on speech. If one wants to speak to other people, write a
letter to be sent to another person, write a piece for publication, or send an
e-mail, make a message board post, Tweet, or post on one’s FaceBook page, one
should have to wait for five days and be subjected to a background check. The
federal government should also create a database with information about all
speakers and what they said. Former felons should not be allowed to speak at
all. Anyone with a “mental health history” – which is to say anyone with a
“disease” according to the learned “priests” of the psychiatric class – should
not be allowed to speak at all.
Ban on the Right to
Free Speech by Civilians
The Holy Grail of gun control is a total firearms ban similar
to what is present in safe and enlightened nations like China
and North Korea.
Therefore, the Holy Grail of word control is a total ban on speech. At least a
total ban on civilian speech. Words are so dangerous that only the state should
be allowed any speech at all. Police, soldiers, and those who command them will
still be allowed to speak. They will be able to tell civilians to “move it” as
they march them into concentration camps. They will tell them “see you in Hell”
when they shoot them or gas them with Zyklon B.
All or Nothing
The bottom line is that natural rights are natural rights.
These inalienable rights come as a set and may not be “purchased separately.”
The Constitution provides mechanisms to amend it. If one wishes to repeal the
First or the Second Amendment, there are direct and constitutional ways for
lovers of totalitarianism to do so. However, repealing those amendments does
not make those rights disappear. The government does not grant rights. The
Constitution does not grant rights. The Constitution merely summarizes
indestructible rights that already exist in nature. Nevertheless, if we want to
“protect the children,” perhaps we should ban words. Of course, nobody would
want their children to live in a world where no civilian may speak. Perhaps
parents believe that their children can live in a world with words but without
guns. Alas, infringe the right of the people to bear arms and eventually you
will have a nation where none may speak without fear of the government.
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