On Mon, May 05, 1997 at 04:53:28PM -0700, Lucky Green wrote:
On Mon, 5 May 1997, Ernest Hua wrote:
I don't completely like the first amendment argument because it is solely based on claiming that software is, first and foremost, expression. In fact, software has mechanism and side effect of mechanism. If software were strictly expression, it is hard to imagine how a multi-billion industry could have spawned from such an inert practice. Another example: one could argue that crafting an grenade launcher is artistic expression, but surely few would consider THAT argument when faced with such an "expressive" neighbor.
I concur. A citizen has the right to manufacture a grenade launcher under the Second Amendment (irrespective of what judges scared into submission by Roosevelt et al may have ruled), not the First.
I have heard, from a knowledgable person, that the reason that the NRA has not pressed a constitutional challenge is that their lawyers tell them that the historical context clearly indicates that the second amendment does *not* protect individual ownership of firearms, and that a constitutional challenge would almost certainly lose. Hence the NRA resorts to lobbying. That is, it is not a matter of Roosevelt scaring the judges, but a matter of the clear intent of the constitution. This made sense to me -- if the constitutional grounds were clear the NRA could save a tremendous amount of money and trouble just by letting the court rule on it -- Roosevelt is dead. -- Kent Crispin "No reason to get excited", kent@songbird.com the thief he kindly spoke... PGP fingerprint: B1 8B 72 ED 55 21 5E 44 61 F4 58 0F 72 10 65 55 http://songbird.com/kent/pgp_key.html