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  1. #1
    Join Date
    Feb 2010
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    Default FOIA Laws in Conflict with First and Second Amendment

    The first amendment allows us to gather information about the government (its more than just free speech).

    The second amendment allows us to gather guns to protect ourselves from the government.

    So, would these two allow us to learn information regarding what guns the governments (like local PDs) have?

    Most state's FOIA or similar laws that would exempt getting this information but I think that the laws run into conflict with our first and second amendment rights (how can we defend ourselves without this information?).

    Anyone know of a FOIA case similar?

  2. #2
    Join Date
    Feb 2010
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    Default Re: FOIA Laws in Conflict with First and Second Amendment

    “As the United States Supreme Court has made clear, the first amendment to the federal constitution is not limited to protection of free speech bit also embodies the right to receive and gain access to information and ideas” Liberman v. Board of Labor Relations, 216 Conn. 253, 267, 579 A 2d 505 (1990).

    Free speech also covers getting information .... like via a FOIA request ... looking for DOCUMENTS

  3. #3
    Join Date
    Sep 2005
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    Default Re: FOIA Laws in Conflict with First and Second Amendment

    The First Amendment does not give you any right to compel speech from somebody else.

    The Second Amendment does not give you the right to obtain any information from the state.

    So, no.

    - - - Updated - - -

    You are free to litigate your beliefs.

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