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

Published on September 12, 2023
Duration: 11:24

This video details a novel legal strategy to defend Second Amendment rights, leveraging the 'Free the Nipple' First Amendment case as precedent. Constitutional attorney Mark W. Smith explains how this approach aims to persuade left-leaning judges by drawing parallels between protected speech rights and fundamental gun rights, particularly in the context of a New Mexico lawsuit challenging Governor Grisham's executive order. The strategy emphasizes the 'a fortiori' principle and the burden placed on the government under the Bruen decision to justify gun control measures with historical analogs.

Quick Summary

A novel legal strategy is employing the 'Free the Nipple' case, a First Amendment ruling, to defend Second Amendment rights. Constitutional attorney Mark W. Smith explains how this precedent, combined with the Bruen decision's requirement for historical analogs, aims to persuade judges that gun rights deserve strong constitutional protection.

Chapters

  1. 00:00Introduction: Using Precedents for 2nd Amendment Defense
  2. 00:35Speaker Introduction: Mark W. Smith, Constitutional Attorney
  3. 00:57New Mexico Lawsuit Against Governor Grisham's Order
  4. 01:23Leveraging 'Free the Nipple' Precedent for Gun Rights
  5. 02:25Details of the 'Free the Nipple' Case
  6. 04:08New Mexico's Political Landscape and Sheriff's Stance
  7. 05:20Strategic Appeal to Left-Leaning Judges
  8. 06:00'A Fortiori' Reasoning and Binding Precedent Explained
  9. 07:04Bruen Standard: Government Burden of Proof
  10. 08:26Rejection of Public Policy Arguments in 2nd Amendment Cases
  11. 10:08Mootness and the Likelihood of Future Repetition

Frequently Asked Questions

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

The 'Free the Nipple' case, a First Amendment and equal protection ruling by the 10th Circuit, is being used as a legal precedent. The strategy leverages the 'a fortiori' principle, arguing that if public nudity is protected, then the more fundamental Second Amendment right to bear arms should be even more strongly protected.

What is the significance of the Bruen decision in this legal strategy?

The Bruen decision is crucial because it shifts the burden to the government to justify modern gun control laws with historical analogs. It also explicitly rejects public policy or statistical arguments, forcing governments to rely on historically sound reasoning, which is often lacking for modern restrictions.

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

The 'Free the Nipple' case was decided by the 10th Circuit Court of Appeals, which has jurisdiction over New Mexico. Therefore, its ruling serves as binding precedent for federal district courts in the state, making it a powerful tool for legal challenges against gun control measures.

What is the core legal argument being made in the New Mexico lawsuit?

The lawsuit argues that Governor Grisham's order suspending Second Amendment rights is 'blatantly unconstitutional.' By drawing on the 'Free the Nipple' precedent and the Bruen standard, it aims to demonstrate that such broad restrictions lack constitutional justification and violate established legal principles.

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