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ACLU...

     ACLU and PRO member Brian Rachocki who has been leading the
push for a reconsideration of ACLU policy on the Second Amendment
has finally generated a positive, if somewhat testy response from
American Civil Liberties Union (ACLU) Executive Director, Ira
Glasser.
     Mr. Glasser indicated, "we are in the midst of another review
now spurred by a spate of new legal scholarship on the issue." He
continued, "I have now reviewed most of it, and I do not think it
supports the belief that the Second Amendment confers upon
individuals an unlimited right to own arms."
     We would have to agree with Mr. Glasser that it is doubtful
that an "unlimited" right exists.  However, the real question is
just how "limited" he thinks the right is.  Since the Second
Amendment refers to a right to "keep and bear" arms, there is and
has been a general consensus even among most pro-gunners that
monster crew-served weapons are not covered.  You can't "bear"
them.  Also because of the "well regulated militia" clause, it seem
fairly obvious that sporting equipment (firearms) are NOT the arms
in question.  What modern scholarship has asserted is that it is a
modern soldier's equipment that the citizenry has an uninfringed
right to keep and bear.  Military rifles and pistols.
     The position the ACLU is faced with here is that to really
support the entire Bill of Rights including the Second Amendment,
they must through intellectual honesty be forced to support the
unfettered ownership of so-called "assault weapons" by citizens
while pointing out that sporting equipment ("guns used for
legitimate sporting purposes" as the anti-gunners like to say) has
no right of ownership conferred under the Constitution and could be
legally licensed, taxed, banned or otherwise infringed at any time
as if they were tennis rackets or cock spurs.  The exceptions here
are, of course, sporting guns which show a direct relation to
militia equipment as many sporting firearms do.
     Considering the liberal ACLU constituency, this Second
Amendment review has got to be a heavy-duty political decision for
them.  We can only hope that their record of dedication to
supporting every right for every citizen no matter how they feel
about their politics will persuade them not to bend to political
expediency.  Mr. Glasser concluded, "the Executive Committee and
Board will itself review the question and decide.  When it does, we
will publish something which you may or may not agree with."
     Another sticky issue facing the ACLU is that of hate-crime
laws.  These are the laws that mete out special punishment for
racists and bigots who commit crimes.  The ACLU is challenging
Ohio's hate-crime law.  Ohio ACLU legal director, Kevin O'Neill
said, " The basic argument ... is that it creates a 'thought
crime.' "  Ohio's leading "thought crime" exponent, Attorney
General and HCI board member Lee Fisher wrote Ohio's ethnic
intimidation law when he was a legislator.  He will now be
defending it in court against the ACLU.  The ACLU free-speech
committee was split on this issue, but a majority came out against
the laws as a violation of the First Amendment.
     The Committee report explained it's position against the
hate-laws. "assume a beating that would normally result in
imprisonment for a year ... Now on proof that the assailant was
motivated by racial or other prejudice becomes imprisonment for two
years. The deprivation of liberty for a second year is a direct
consequence of beliefs and expressions that, however deplorable,
are protected by the First Amendment."  O'Neill fears that the
hate-crime principle opens the door to use of such laws against
other persons such as critics of the government (or IRS!).  We will
continue to keep tabs on the progress of both these issues in the
ACLU.
[editors: FLASH!  The U. S. Supreme Court has just decided that
cross burning is protected free speech the same as flag burning.
Thus, they have said that you can be charged with the damage it
does to the lawn or failure to have a fire in a proper container
etc. but "thought crime" is out. This should greatly strengthen the
ACLU case against "hate crimes".]


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    dennis@bluemoon.rn.com
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