Supreme's Nod to Guns Could be a Boon to Free Speech

LOS ANGELES — Marc Randazza, a law professor at Barry University School of Law and an attorney with Weston, Garrou, Walters & Mooney, has posted a blog to his personal website that answers the question, "What does D.C. v. Heller mean for First Amendment Rights?"

"District of Columbia v. Heller" is the historic 5-4 U.S. Supreme Court ruling that overturned Washington, D.C.'s handgun ban and sought to define for the first time the parameters of the Second Amendment.

Randazza asserts that, in writing the majority opinion for the Court, Justice Antonin Scalia has perhaps unwittingly provided a new road map for how to look at the First Amendment, which shares certain structural qualities with its Second cousin.

First, Randazza claims that the ruling resolves that the First Amendment is an individual, not a collective, right, something that he thinks might surprise a lot of people, lawyers among them.

"In Heller, at page 5, the conservative majority confirms that the First Amendment is unambiguously a personal right, not a collective right," he writes. "When even Scalia sides with me on a First Amendment issue, that makes me feel better."

Other positive implications from the ruling, according to Randazza, include the interpretation that as the First Amendment extends to new forms of communication, that our rights are at least as broad as they were believed to be at the time of the drafting of the Constitution and the neutral observation that just because the court doesn’t address something for a long time does not mean that it is settled law.

On the negative side, Randazza thinks the majority opinion affirms the belief that the purpose of speech can impact its Constitutional protection. He takes issue with Justice Breyer's dissent, in which he writes, "In fact, deference to legislative judgment seems particularly appropriate here, where the judgment has been made by a local legislature, with particular knowledge of local problems and insight into appropriate local solutions."

While Randazza's overall opinion regarding the ruling is that it was "one of the most uncivil opinions rendered in recent years," his conclusions regarding the ruling's implications for the First Amendment are mixed.

"... it would seem as if the wings of the Court have traded sides with respect to the First Amendment. I would like to believe that they wouldn’t be so crass and results-oriented that these positions will revert when the issue before these same justices has to do with free speech and adult entertainment," he writes.

As to his expectations for such an outcome, pragmatism kicks in.

"A man can dream," he says.

DC v Heller

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge line of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XMAs: Watch the Global Live Broadcast

The 2026 XMAs, presented by Fansly, will stream live to a global audience via the official event website, welcoming fans worldwide to join a celebration of excellence in adult entertainment.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Zara Makes Her Studio Debut for Blacked

Newcomer Zara has made her studio debut for Vixen Media Group studio imprint Blacked, alongside Anton Harden.

Elevated X Adds CCBill Integration for Payment Processing

Elevated X has added CCBill integration for payment processing to its ELXNexus traffic management and affiliate program software.

Kylie Rocket Leads Dorcel's 'Couture No. 4'

Kylie Rocket headlines the latest release from Dorcel, titled “Couture No. 4.”

Anna de Ville Toplines Latest 'Desperate Anal MILFs' From David Perry

Anna de Ville headlines the seventh volume of director David Perry's "Desperate Anal MILFs," now available from Evil Angel.

Alexa Leigh Makes Her WIFEY Debut

Alexa Leigh stars with her husband Keith and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Angela White Stars in Latest From Brazzers

Multi-XMAs winner Angela White stars with Derek Savage and Jack Blaque in the latest release from Brazzers, titled "Meet and Skeet."

Cléa Gaultier Directs 'Follow Me #2' From Dorcel

Cléa Gaultier directs in latest release from Dorcel, titled “Follow Me #2.”

Show More