Next on the Supreme Court’s Chopping Block Is Protections for Victims of Gun Violence

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The right to sue a gun manufacturer or seller is already severely limited. This court may do away with it entirely.

Nevertheless, the constitutionalization of libel law supplies a model for gun makers and sellers to use to get courts to give them constitutional protection from civil damages actions. Rather than appeal to a metaphorical marketplace of ideas, the gun makers and sellers will point to the actual market for firearms.

They will say that just as tortious speech must be given breathing room so as to ensure the free flow of opinions and ideas, so too must the manufacture and sale of guns especially appealing to criminals be tolerated so as to ensure a steady supply of arms to those who want them for self-defense.

 

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