"Note, however, that trying to ban guns because of strong moral disapproval of them or because of claims that they are 'scary' or that they may be used in crimes would not constitute a 'compelling state interest' any more than an attempt to restrain publication of a book on moral grounds would be. The concept of a 'compelling state interest' cannot swallow up the very right guaranteed in the first place." | by: | |
Source: | Gun Shy: The Second Amendment as an “Underenforced Constitutional Norm” 21 HARV. J. L. & PUB. POL’Y. 719, 781 n. 367 (Summer 1998) |
| |
