Supreme Court Rejects First Amendment Appeals on Gun Laws and Confederate Protests

 October 8, 2024

The nation's highest court leaves lower court rulings intact in controversial free speech cases, sparking debates on constitutional rights.

According to CNN, the Supreme Court has declined to hear several First Amendment challenges, including cases involving gun dealer literature requirements and Confederate statue protests.

The Supreme Court's refusal to take up these cases comes without comment or noted dissents, effectively allowing the lower court decisions to stand. This move impacts several contentious issues related to freedom of expression and its limits in different scenarios.

Gun Dealers' Literature Display Requirement Upheld

One of the rejected cases centered on a Maryland county ordinance requiring firearms and ammunition stores to display literature on gun safety, training, suicide prevention, mental health, and conflict resolution. Anne Arundel County, located near Baltimore, enacted this measure in 2022 as part of its efforts to combat gun violence and address suicide as a public health crisis.

Gun rights advocates challenged the ordinance, arguing that it compelled speech they partially disagreed with, thus violating their First Amendment rights. However, lower courts upheld the requirement, viewing it as a permissible commercial regulation rather than an infringement on free speech.

The 4th U.S. Circuit Court of Appeals unanimously ruled in January, stating:

We conclude that this pamphlet, taken as a whole, addresses suicide as a public health and safety concern and advises gun owners on how they can help. The pamphlet is more in line with other similar safety warnings – widely applicable and accepted – that gun owners should store guns safely, especially to prevent misuse and child access.

Confederate Statue Protest Arrests Unchallenged

Another case the Supreme Court declined to hear involved three individuals arrested during a protest against a Confederate statue in Gainesville, Texas. The protesters, represented by the American Civil Liberties Union, sought to argue that their arrests violated their constitutional rights under the First and Fourteenth Amendments.

Amara Ridge, Torrey Henderson, and Justin Thompson were arrested in 2020 during a non-violent march. Local authorities claimed the arrests were due to the protesters obstructing a public highway and repeatedly ignoring instructions to remain on the sidewalk. The protesters contended they only briefly deviated from the sidewalk due to a water hazard and returned to the courthouse lawn at the end of the march.

Texas courts had previously sided with the state in this case, and the Supreme Court's decision not to hear the appeal leaves those rulings intact. This outcome raises questions about the balance between protest rights and public order enforcement.

Campaign Finance Disclosure Requirements Remain

The Supreme Court also chose not to intervene in a challenge to San Francisco's campaign finance laws, which require greater disclosure of political donors in campaign advertisements.

These laws, approved by voters in a 2019 ballot initiative, mandate that some political ads identify secondary donors, such as top contributors to political committees.

Supporters of the law argue that it ensures transparency by informing viewers about the actual funders behind political advertisements. Critics, however, contend that the requirements are so burdensome that they effectively make political advertising impossible due to the amount of information that must be displayed.

A political committee and other plaintiffs sued to block the laws, but lower courts ruled against them. The petitioners had asked the Supreme Court to consider whether these requirements constituted an "intrusion into core First Amendment political campaign speech."

Conclusion

These decisions by the Supreme Court to pass on First Amendment challenges leave several contentious issues unresolved at the national level. The rulings on gun dealer literature requirements, protest-related arrests, and campaign finance disclosure laws will continue to shape the landscape of free speech rights in their respective jurisdictions. This outcome underscores the complex nature of First Amendment jurisprudence and the ongoing debates surrounding the limits of constitutional protections in various contexts.

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One comment on “Supreme Court Rejects First Amendment Appeals on Gun Laws and Confederate Protests”

  1. The headline stated a Russian atonic bomb exploded, but the article was about 1st amendment rights. How about a little proofreading before releasing an article!

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