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

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

Ravyn Alexa Makes Her Reality Kings Debut

Ravyn Alexa has made her debut for Reality Kings alongside Lucas Frost in the studio's latest release, titled "Inked and Oiled."

Yhivi Stars in Latest From Kink.com

Yhivi stars with director John Paul "The Pope" in the latest release from Kink.com, titled "Bound and Squirting."

TTS Expands Testing Coverage to 300 New Labs

Talent Testing Service (TTS) has expanded its coverage to 300 ARCPoint and Any Lab Test Now locations across the U.S.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Penny Barber Leads Latest From MYLF

Penny Barber stars with newcomer Vince Vicious in the latest release from MYLF.

Emma Rose, Kasey Kei Star in Latest From Transfixed

Multi-XMAs winner Emma Rose and Kasey Kei star with Ameena Green in the latest release from Transfixed, titled "A Nuru Solution."

Show More