The Democrat-run state of California has frequently run afoul of federal courts in recent years. The heavily left-leaning legislature has pushed many progressive laws and rules, prompting backlash from conservative residents and other groups. One particularly controversial move has been the possibility of race reparations, which could spark a long-term legal battle.
Recently, the state passed a law that could potentially impact businesses and private citizens. Critics of the law have questioned its constitutionality, which has led to a lawsuit. The case was taken to the federal Ninth Circuit Court of Appeals, a notoriously liberal court that historically sided with Democrats. But, thanks to former President Trump’s diligent work reforming the courts, California experienced a rude wake-up call.
From The Post Millennial:
The Ninth Circuit Court of Appeals ruled on Wednesday that California’s minor firearm advertising law likely violates the US Constitution, saying “The First Amendment demands more than good intentions and wishful thinking to warrant the government’s muzzling of speech.” […]
Judge Lee, who was appointed by former President Donald Trump, concluded that the state of California “cannot ban truthful ads about lawful firearm use among adults and minors unless it can show that such an intrusion into the First Amendment will significantly further the state’s interest in curtailing unlawful and violent use of firearms by minors.”
California’s Democrat-controlled legislatures passed a law banning advertisements for firearms aimed at minors. The law would have prevented businesses from advertising the lawful use of firearms. This law even banned ads in sporting magazines about hunting rifles.
The state seemed to suggest that banning such ads would prevent gun violence in the state. But a three-judge panel from the Ninth Circuit Court of Appeals did not agree. The federal court struck down the law. Trump-appointed Judge Kenneth Lee wrote the majority opinion.
He was critical of the law, saying it violated the First Amendment rights of businesses and Americans. He accused the state of “muzzling” speech and said that it did not have evidence to prove doing so would reduce gun crimes.
The court went on to say that there was “no evidence in the record” that a minor in the state had ever bought a gun unlawfully–and certainly not because of an ad. The court also accused the state of producing “any evidence” that ads would lead to illegal activity.
To summarize, the court said the law would put “an unconstitutional burden on protected speech.”
This ruling is a major victory for the First and Second Amendments. It will prevent California from imposing restrictions that could have prevented Americans from freely exercising both rights. And, it could set a precedent for other states that might try to do the same.
- A federal court struck down a California law banning gun ads to minors.
- The court ruled that the law violated Americans’ First Amendment rights.
- The majority opinion was written by Judge Lee–a Trump appointee.
Source: The Post Millennial