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

Kimmy Kimm Stars in Latest From Pure Taboo

Kimmy Kimm stars with Mickey Mod in the latest release from Pure Taboo, titled "Won’t Breathe a Word."

Kyaa Chimera, Pixie Smalls Star in Latest Installment of 'Mommy's Girl'

Kyaa Chimera and Pixie Smalls star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Strap In For A Surprise.”

Dorcel Releases Shalina Devine Showcase 'Shalina's Secrets'

Recently crowned XMA Europe MILF Performer of the Year Shalina Devine stars in a new showcase from Dorcel, "Shalina's Secrets."Directed by Franck Vicomte, the title features Angelika Grays, Liz Ocean, Kristof Cale, Francis X, Alex Romero, and Alex Charger.

Penthouse Names Lilah Anne as November's 'Pet of the Month'

Penthouse Magazine has named Minneapolis content creator and professional modeling newcomer Lilah Anne as Pet of the Month for November.

Amirah Adara Suits Up for the November Cover of X3 Magazine

Hungarian superstar Amirah Adara brings her signature style and spirit to the November issue of X3 Magazine, the publication that takes readers behind the scenes of the lives and passions of top stars.

HotWife XO Makes Her WIFEY Debut

HotWife Xo has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Jack Spade and Troy Francisco.

Octavia Red Stars in Latest From Deeper

Octavia Red stars with Alex Jones and Parker Ambrose in the latest release from Vixen Media Group studio imprint Deeper, titled "Memento Mori."

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Peter Fox in the latest release from Brazzers, titled "Hot Hiker Humps Park Perv."

McKenzie Mae Makes Her Blacked Raw Debut

McKenzie Mae has made her debut for Vixen Media Group studio imprint Blacked Raw alongside Sly Diggler.

Evil Angel Releases Latest Volume of JD's 'Transgressive'

Evil Angel has debuted the 30th volume of director JD’s “Transgressive.”

Show More