Battle for the Constitution: Week of October 25th, 2021 Roundup

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

The Second Amendment Has Become a Threat to the First

By Diana Palmer, councilmember in Glens Falls, New York, and Timothy Zick, professor of law at William & Mary Law School

Two co-authors describe a tension between the First and Second Amendments. Empirical data suggests that the presence of firearms at public protests discourages people from participating in those protests out of fear for their safety, meaning that public carry can have a “chilling effect” on citizens’ willingness to exercise their First Amendment rights. When deciding Second Amendment cases, the co-authors argue, the Supreme Court should consider public carry’s impact not only on public safety, but also on free speech and democracy.