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In reply to the discussion: Please Rec if you support Sen. Murphy's Filibuster for Gun control (live video link) [View all]paleotn
(22,396 posts)...long ago extended fundamental rights to include interstate travel, thus government restrictions on such fall under strict scrutiny with respect to due process. It's an inferred or unenumerated right. In laymen's terms, strict scrutiny means the government needs a damn good reason to not allow people to exercise that right to travel on commercial airlines. Turns out the government does have a compelling interest in restricting that right for certain individuals. The same applies to firearm purchases. Speech is an enumerated right and held to a higher standard with respect to restrictions, yet one can't yell fire in a crowded theater. In that case, the government's interest in protecting the public outweighs an asshole's right to be an asshole.