Does Privacy Rights trump the Press' right to report citizens who bear arms?

[penn1954]

Louisiana has passed a law that would make it a misdemeanor for a person 6mts and $10,000 fine to publish a permit holder name for those who own a permit or have applied a concealed carry permit.


I'm not a scholar but I voted yes.

When the scum paper in NY printed the weapon permit holders names & addresses
it convinced me even more that the press can't be trusted!!

As for CCW permits I'm on the side that says they shouldn't be neccessary,
that said if people want to be legal thats cool-but it shouldn't be public record
for media or others to access!!


The Poll Question does the right to privacy with respect to the 2nd amendment supersede the 1st Amendment in this case?

I'm not a scholar but I voted yes.
When the scum newspaper in NY printed the names & addresses of the permit holders
it convinced me even more that the media can't be trusted.

As for CCW permits I'm of the thought that they shouldn't be neccessary,
that said if people want to be legal thats cool-but it shouldn't be public record
for media or others to access.

 

[Shadow Serious]

Interesting. What about earning a paycheck or buying/owning property (real estate or motor vehicle)?

No one has a right to a job but one should have a right to pressure a job and if one is capable they may get it. Likewise a person doesn't have a right to own real estate but has rights to purchase or inherit said real estate. That said since it is not a fundamental right like the right to self defense which the 2nd Amendment covers it can be taxed without hindering a fundamental right though I believe that if taxes are too high they do hinder the type of rights that would be subscribed under those two.

 

[captainawesome]

becuase nothing until now like this has never been done, it was after the shootings that these things came to light, and they are being used as a political tool, for promotion of gun legislation.

How does knowing who has guns promote gun laws? It just doesn't follow.

 

[Master PO]

How does knowing who has guns promote gun laws? It just doesn't follow.

well is there an answer to this question, ..why after a big school shooting, did an anti-gun newspaper start printing the location of gun owners,......it had not been done before.

its not a safety reason, that has been always used by the anti-gun lobby...its political tool, to show people how many guns are out there and "we need some control over them" so lets create a new law.

 

[Shadow Serious]

Wedding announcements with pics are the ones that cost money not the rest.

There is nothing wrong with letting the community know who has dangerous weapons.

A weapon is inherently dangerous. I do not know why a paper should bother printing nuptials if they are not paid for it. That said there is generally no objection to publishing such by those who get married. There is a reasonable concern that if a person with a concealed permit is identified that it may cause trouble for him. Since it is an enumerated right it has equal standing with the freedom of the press and making a public issue of the exercise of that right is an encumberment of that right given there are factions who want to restrict the exercise of that right.

 

[captainawesome]

well is there an answer to this question, ..why after a big school shooting, did an anti-gun newspaper start printing the location of gun owners,......it had not been done before.

its not a safety reason, that has been always used by the anti-gun lobby...its political tool, to show people how many guns are out there and "we need some control over them" so lets create a new law.

We can't make informed decisions with out information.

 

[Master PO]

We can't make informed decisions with out information.

this issue is a political football, .......i saw the kick off, once this story hit the news.

 

[Shadow Serious]

We can't make informed decisions with out information.

That information is not necessary to make an informed decision. If a person commits a violent crime we do not need to know everyone who owns a gun and their address we just need to know about the person's ownership of a weapon or at least the police will need to know that. I suppose that we could publish the persons and addresses of Democrats just be cause we need to have informed decisions with your reasoning.

 

[captainawesome]

That information is not necessary to make an informed decision. If a person commits a violent crime we do not need to know everyone who owns a gun and their address we just need to know about the person's ownership of a weapon or at least the police will need to know that. I suppose that we could publish the persons and addresses of Democrats just be cause we need to have informed decisions with your reasoning.

I don't need to know who got busted for DUI or had a baby. The information will have no effect.

 

[NZninja8X]

Get rid of the second amendment and make guns illegal. Put all of those illegal weapons into the police and military forces and enlarge those forces.... I was born and raised in New Zealand, where guns are illegal and where even the police are unarmed. New Zealand has one of the lowest crime rates in the world, and it's considered the most free country. It's expensive to live there though.

 

[jamesrage]

Louisiana has passed a law that would make it a misdemeanor for a person 6mts and $10,000 fine to publish a permit holder name for those who own a permit or have applied a concealed carry permit.





The Poll Question does the right to privacy with respect to the 2nd amendment supersede the 1st Amendment in this case?

This is a good thing.Its no ones business what constitutional rights someone chooses to exercise.The idea you even need a permit of concealed carry is ludicrous.

 

[Captain Adverse]

There is no expressed or implicit right to privacy in the second amendment. So long as it is a matter of public record, newspapers have every right to publish the information regardless of whether one approves or disapproves.

That's the essential problem with "public records." The purpose of making government records public was to give the people a way to check and make sure officials weren't up to any shennanigans. The secondary use, destroying peoples lives by reporting negative information about common citizens to sell papers....is a creation of the news media, founded on the peoples desire to hear the latest gossip and judge others by it.

We can't make the records private without sacrificing our ability to double-check the government, but keeping them open allows abuses like this to occur.

What can we do?

 

[Paschendale]

This would be criminalized prior restraint on speech. Pretty much the most unconstitutional law a state can pass.

 

[Aderleth]

The Poll Question does the right to privacy with respect to the 2nd amendment supersede the 1st Amendment in this case?

Publishing the name, etc of a permit holder is a dick move, but it's not and shouldn't be treated as a criminal act. I guarantee you this law will be challenged, and unless the presiding judge (and/or eventually SCOTUS) diverges wildly from current 1st amendment standards, the law will be overturned. FYI there's no specific right to privacy with respect to gun ownership, and with the exception of tortious invasion of privacy statutes, "right to privacy" usually means limitations on government action, not limitations on private speech.

 

[Fisher]

That's the essential problem with "public records." The purpose of making government records public was to give the people a way to check and make sure officials weren't up to any shennanigans. The secondary use, destroying peoples lives by reporting negative information about common citizens to sell papers....is a creation of the news media, founded on the peoples desire to hear the latest gossip and judge others by it.

We can't make the records private without sacrificing our ability to double-check the government, but keeping them open allows abuses like this to occur.

What can we do?

Well I am not sure cwp's are "negative" information, but they are being removed from the "public" records in some places so that part is resolving itself in the states.

I am not fond of the data mining of public records either. I am anticipating that steps will be taken to make it harder to do in places where it is intrusively used. The trend seems to be going that way, especially as electronic records are becoming more accessible.

 

[michijo]

The NSA has your records anyway:

Daily Kos: BREAKING: NSA collecting gun ownership records...

I personally don't like people going around with guns, especially with them strapped to their legs, like in New Hampshire. I feel like the gun is there to intimidate normal citizens, who aren't doing anything, with an armed militia, by forcibly appointing themselves as the unofficial police, then shooting people like Trayvon Martin. These cowboy types should be reported on publicly in the press. If you just have a gun in your sock drawer or closet, its not as big a deal.