BREAKING NEWS: How FREE THE NIPPLE Will Help Save the 2nd Amendment...

Published on September 12, 2023
Duration: 11:24

Mark W. Smith, a constitutional attorney and author, explains a novel legal strategy to defend Second Amendment rights by leveraging the 'Free the Nipple' civil liberties case. This approach aims to persuade left-leaning judges by drawing parallels between First Amendment protections and the fundamental right to bear arms, as affirmed in Heller and Bruen. The strategy is being applied in a lawsuit challenging New Mexico Governor Michelle Lujan Grisham's executive order suspending firearm rights.

Quick Summary

Constitutional attorney Mark W. Smith explains a novel legal strategy using the 'Free the Nipple' case to defend Second Amendment rights. By applying the 'a fortiori' principle, the argument is that if public nudity rights are protected, the more textually-based Second Amendment right must be even more strongly protected, especially given the Bruen decision's emphasis on historical analogs and rejection of public policy arguments.

Chapters

  1. 00:00Constitutional Law Strategy Introduction
  2. 00:35Speaker Introduction & Background
  3. 00:57New Mexico Lawsuit Against Governor
  4. 01:23Leveraging 'Free the Nipple' Precedent
  5. 02:25'Free the Nipple' Case Details
  6. 04:08New Mexico's Political Context
  7. 05:20Strategic Appeal to Left-Leaning Judges
  8. 06:00A Fortiori Reasoning and Binding Precedent
  9. 07:04Bruen Standard and Government Burden
  10. 08:26Rejection of Public Policy Arguments
  11. 10:08Mootness and Potential for Repetition

Frequently Asked Questions

How is the 'Free the Nipple' case being used to defend Second Amendment rights?

The 'Free the Nipple' case, concerning women's right toplessness, is being used as precedent in a Second Amendment lawsuit because it was decided by the 10th Circuit Court of Appeals, which oversees New Mexico. The strategy leverages the court's ruling on equal protection and First Amendment rights to argue for stronger protection of the Second Amendment.

What is the 'a fortiori' principle in legal arguments?

The 'a fortiori' principle, meaning 'from the stronger,' is a logical argument used when a rule or right applied to a weaker case should also apply to a stronger case. In this context, if the right to public nudity is protected, the more textually-based Second Amendment right should be even more strongly protected.

What arguments does the Bruen decision reject for gun control laws?

The Supreme Court's Bruen decision explicitly rejects arguments based on public policy, statistical data, or 'good/bad' justifications for gun control. It also dismisses 'tiers of scrutiny' like strict or intermediate balancing, stating these are antithetical to the Second Amendment's constitutional protection.

Why is the 'Free the Nipple' case relevant to New Mexico gun rights?

The 'Free the Nipple' case is relevant because the 10th Circuit Court of Appeals, which has jurisdiction over New Mexico, found the law banning women's upper-body nudity unconstitutional. This ruling serves as binding precedent for federal district courts in New Mexico, influencing how Second Amendment cases are approached.

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