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

Lia Lin Stars in Latest From Brazzers

Lia Lin stars with Jordi El Nino Polla in the latest release from Brazzers, titled "Giving Her All She Can Handle."The scene opens with Lin and Polla flying to Europe to shoot together for the first time.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Isiah Maxwell in the latest release from New Sensations.

Andi Avalon, Little Puck Front Latest From Swappz

Andi Avalon and Little Puck star in the latest release from Swappz.

Jade Venus, Baxxx Lead Latest From TransSensual

Jade Venus and Baxxx star in the latest release from Mile High Media studio imprint TransSensual, titled "Happy Ending."

Charlotte Sins, E. Streetcar Star in Latest From Transfixed

Charlotte Sins and E. Streetcar star in the latest release from Transfixed, titled "Make Her Ex Squirm."

Lilly Bell Stars in Latest From Brazzers

Lilly Bell stars with Scott Nails in the latest release from Brazzers, titled "Tradwife’s Slutty Secret."

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Elegant Angel Debuts 'Charlotte Sins Is Slutwoman' Showcase

Charlotte Sins takes on the role of "Slutwoman" in the latest iteration of Elegant Angel's signature showcase series.

Jade Venus, Zariah Aura Topline Latest Volume of Aiden Starr's 'PansexualX Porn Crush'

Jade Venus and Zariah Aura headline director Aiden Starr's "PansexualX Porn Crush 14," from Evil Angel.

Show More