San Francisco is violating 1st Amendment in fight against NRA: Judge Naps

"Who cares about what the government thinks?  Well, in San Francisco one needs to care," said Fox News legal analyst, Judge Andrew Napolitano.

The Judge reacted to the controversy over the San Francisco Board of Supervisors' decision to pass a resolution last week declaring the NRA a “domestic terrorist organization.”  The resolution accuses the gun-rights group of using, “its considerable wealth and organizational strength to promote gun ownership and incite gun owners to acts of violence.”


On Monday, the NRA sued the city and county of San Francisco and the San Francisco Board of Supervisors, and petitioned the court, "to instruct elected officials that freedom of speech means you cannot silence or punish those with whom you disagree."

The Judge thinks that the NRA has a case.  "Can any government in America constitutionally do that? Punish some entity because of its speech? In a word, no," argued Judge Naps on his Fox Nation show, "Liberty File with Judge Napolitano."

"Because when the government speaks, it's the loudest voice in the room.  It chills the rights of others, who disagree with it.  It deters them from speaking against it, it constitutes the very infringement on Freedom of Speech that the 1st Amendment was written to prohibit," he said.

The Judge continued, "Chilling occurs when the government makes it easier for some people to speak freely, or more difficult for others to do so.  Government does that when it expresses favoritism or hatred of ideas in the marketplace ... Look what anyone thinks of the NRA, the government has no business condemning it."

"In the most liberal city in America, San Francisco, where free speech was once sacrosanct, it is now subject to official government disapproval.  That is, of course, until the court do their jobs, of protecting the free speech of an unpopular minority.  So that everyone can hear and listen to and read whatever they want.  And decide for themselves what to believe -- free from government interference," concluded the Judge.

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