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Will Obama's DOJ Intervene To Help RIAA?
NewYorkCountryLawyer writes "In SONY BMG Music Entertainment v. Cloud, a Pennsylvania case in which the RIAA's statutory damages theory — seeking from 2,200 to 450,000 times the amount of actual damages — is being tested, the US Department of Justice has just filed papers indicating that it is considering intervening in the case to defend the constitutionality of such awards, and requesting an extension of time (PDF) in which to decide whether such intervention 'is appropriate.' This is an early test of whether President Obama will make good on his promises (a) not to allow industry insiders to participate in cases affecting the industry they represented (the 2nd and 3rd highest DOJ officials are RIAA lawyers) and (b) to look out for ordinary citizens rather than big corporations."
I'd hate to break it to you, but the 2nd amendment as imagined by the Republican party doesn't exist. Interpreting it as being a right to personal firearms without any qualifiers is unjustified. Felons, children and those not trained to use them safely not have any protections that guarantee them access.
The second amendment is the part of the constitution which guarantees the right of militias to bear arms in their own defense. The amendment does not at any point grant an explicit individual right to gun ownership. Interpreting it as such requires a purposeful misreading of the amendment.
It is also worth pointing out that the case law of the US doesn't support the particular ruling that SCOTUS put out last year. Just as the government has the right to make certain rules related to slander and false claims without running afoul of the first amendment protections.
But, I'm sure I'll be modded a troll, because hey it's not like that first clause is of any importance.
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
That's pretty cut and dried, it applies to regulated militias. Or in other words it applies only to those that are in a militia for the purposes of civil defense. All other gun rights are based upon which ones aren't taken away in law.