Cannibalizing the Constitution: On Terrorism, the Second Amendment, and the Threat to Civil Liberties
Journal / Book Title
Journal of Criminal Law and Criminology
This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of threat posed by online incitement. This article clarifies the way these civil liberties interact to create the threat, suggesting that pro-democracy rights such as protections on speech and privacy should not bear all the burden of compromise for the sake of protection from terrorism.
MSU Digital Commons Citation
Laguardia, Francesca, "Cannibalizing the Constitution: On Terrorism, the Second Amendment, and the Threat to Civil Liberties" (2022). Department of Justice Studies Faculty Scholarship and Creative Works. 192.
LaGuardia, Francesca. "Cannibalizing the Constitution: On Terrorism, the Second Amendment, and the Threat to Civil Liberties." (2022).
Civil Law Commons, Civil Procedure Commons, Criminology and Criminal Justice Commons, Defense and Security Studies Commons, Economic Policy Commons, Emergency and Disaster Management Commons, Military and Veterans Studies Commons, Peace and Conflict Studies Commons, Policy Design, Analysis, and Evaluation Commons, Policy History, Theory, and Methods Commons, Public Administration Commons, Public Affairs Commons, Public Policy Commons, Social Justice Commons, Social Policy Commons, Terrorism Studies Commons