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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  There are a couple ... (2+ / 0-)
    Recommended by:
    Adam B, MPociask

    ... content-based free-speech restrictions. Visual child porn, per New York v. Ferber, is the one that leaps most easily to mind. Then there's defamation (per common law) and incitement to imminent lawless action (Brandenburg v. Ohio).

    •  publishing national security secrets ... nt (1+ / 0-)
      Recommended by:
      MPociask
      •  Sort of. (0+ / 0-)

        The initial disclosure is illegal.

        Subsequent publishing of leaked classified information, by someone (like a reporter) who has no security clearance, isn't.

        The diference lies in the fact that the leaker has freely agreed to accept a limitation on their right to free speech in exchange for access to the information, and that deal is enforcable by law. The reporter has made no such deal, and so isn't subject to the penalties for breaking it.

        It's also the case that disclosed classified information loses it's classification once it's disclosed.

        --Shannon

        "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
        "Dissent is patriotic. Blind obedience is treason." --me

        by Leftie Gunner on Wed Dec 19, 2012 at 08:43:58 PM PST

        [ Parent ]

        •  There is a narrow window for prior restraint ... (0+ / 0-)

          ... on media republishing classified documents, as established in the Pentagon Papers case. The government can get a restraining order, but that's pending judicial review and it has a very high burden of proof to show that continued publication would jeopardize national security.

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