{"id":199,"date":"2022-09-12T14:51:17","date_gmt":"2022-09-12T14:51:17","guid":{"rendered":"https:\/\/gunsandpride.com\/?p=199"},"modified":"2022-09-12T14:51:17","modified_gmt":"2022-09-12T14:51:17","slug":"new-yorks-concealed-carry-social-media-background-checks-are-meant-to-weed-out-political-views-that-disagree-with-those-in-power","status":"publish","type":"post","link":"https:\/\/gunsandpride.com\/?p=199","title":{"rendered":"New York’s Concealed Carry Social Media Background Checks are Meant to Weed Out Political Views That Disagree With Those In Power"},"content":{"rendered":"


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While describing recent changes to New York\u2019s already draconian firearms laws, Hochul said (see\u00a0video beginning at 11:30<\/a>):<\/em><\/p>\n

We also talked about, I mentioned, social media a number of times. I\u2019ve called upon and working closely [sic] with our attorney general to identify what\u2019s going on in social media. Those questions are now part of our background check, such as like in the old days you\u2019d talk to someone\u2019s neighbor. Now you can talk to their neighbors online and find out whether or not this person has been spouting, uh, you know, philosophies that indicate they have been radicalized, and that\u2019s how we protect our citizens as well.\u00a0<\/em><\/p>\n

This plan, however, is problematic on its face, even before analyzing how it will be applied.<\/em><\/p>\n

\u201c[S]pouting philosophies,\u201d even \u201cradical\u201d ones, is \u2013 of course \u2013 itself constitutionally protected conduct under the First Amendment. It cannot legitimately be suppressed by the government, nor can it legitimately be used by the government as a pretext to suppress other fundamental civil liberties like the right to keep and bear arms.<\/em><\/p>\n

The Supreme Court has made clear that protected speech encompasses controversial expression. This includes such things as profanity, flag burning, nudity, criticism of U.S. military action during wartime, criticism of the government, and even advocacy of force or law violation, except where it is directed to inciting \u201cimminent\u201d lawless action and \u201cis likely\u201d to incite or produce such action.<\/em><\/p>\n

Content on various social media platforms is already required to comply with the various platforms\u2019 terms of service. As rules from private companies, these restrictions are not generally restrained by the First Amendment.<\/em><\/p>\n

So when Kathy Hochul mentions scrutinizing social media posts to determine someone\u2019s eligibility to exercise Second Amendment rights, she is referring to a subset of expression that is already curtailed and censored by the tech companies themselves.<\/em><\/p>\n

Putting aside the fact that New York\u2019s entire approach of using social media posts as the basis to deny fundamental rights is facially unconstitutional, what is left after private content moderation for these officials to consider radical?<\/em><\/p>\n

Judging by the statements of Hochul\u2019s fellow far-left politicians, it is likely to be common philosophies and ideas that don\u2019t mirror their own.\u00a0<\/em><\/p>\n<\/div>\n

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Next Post Coming Soon…\u25b6 While describing recent changes to New York\u2019s already draconian firearms laws, Hochul said (see\u00a0video beginning at 11:30): We also talked about, I mentioned, social media a number of times. I\u2019ve called upon and working closely [sic] with our attorney general to identify what\u2019s going on in social media. Those questions are […]<\/p>\n","protected":false},"author":1,"featured_media":200,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-199","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=199"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/199\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/200"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=199"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}