Second Amendment at heart of First Amendment case

Dave Workman does a good job at Seattle Gun Rights Examiner.  I was slightly involved with this case, as Alan Korwin recruited me to work on the project fairly early on.

Today in Phoenix, attorneys for the city and counsel for an Arizona gun rights activist will argue before the state Court of Appeals whether the city has the authority to censor advertising on public transit that promotes the message “Guns Save Lives.”

The timing of this court appearance is ironic, because 12 days from now, the Bellevue-based Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms, along with several co-sponsors, will be observing “Guns Save Lives Day” in conjunction with Bill of Rights Day, Dec. 15.

The Arizona dispute erupted three years ago when activist and author Alan Korwin launched an advertising effort with the message “Guns Save Lives” emblazoned over a heart. City officials apparently felt the message to be political, pointing to federal court rulings that have allowed government to impose some restrictions on speech. After nine days, according to published reports, the signs came down.

But civil liberties advocates have sided with Korwin, who publicly acknowledged the advertising effort was designed to catch the public’s attention. After all, that’s what advertising is all about, isn’t it?

Recently, according to the Arizona Republic, the city allowed Korwin to post an alternate sign with a blue heart that reads “Guns Stop Crime,” but for Korwin, that’s a thin substitute. He considers this a restriction on his First Amendment right of free speech, and he’s got company.

The Goldwater Institute, a conservative group based in Phoenix, and the American Civil Liberties Union, are siding with Korwin. The ACLU thinks the city’s policy should be overturned because the state constitution has even stronger free speech safeguards than the U.S. Constitution in certain cases.

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