Protecting the Freedom of Peaceful Assembly After Bruen

A Roadmap for State Lawmakers

Published: June 2022

The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association vBruen, holding that there is a Second Amendment right to carry a firearm in public for self-defense and striking down a New York law requiring licensing for open carry, throws into question a range of gun regulations across the country. Commentators have focused on Bruen’s potentially serious consequences for public safety, but the decision also impacts the safety of the United States democratic system, including the First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out the basic functions of governance.

This Just Security article, authored by ICNL Senior Legal Advisors Elly Page and Nick Robinson, discusses the uncertainty for gun regulation that Bruen creates while also covering the options lawmakers still have to pursue protection of First Amendment rights to peaceful assembly and all fundamental activities of democracy. Please read the full article from Just Security here.

New York State Rifle & Pistol Association v. Bruen; Freedom of Peaceful Assembly photo credit Ted Eytan via Flicker

Learn more about the issue and explore INCL’s analyses on Freedom of Assembly here.