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Stephen Gutowski @StephenGutowski
, 13 tweets, 5 min read Read on Twitter
Federal Judge Says Cody Wilson’s First Amendment Rights Being ‘Abridged,’ Rules Against His Settlement with State Department Anyway freebeacon.com/issues/federal…
Cody Wilson calls the ruling "clownish" and vows to take the case to the 9th Circuit. freebeacon.com/issues/federal…
Alan Gottlieb of the Second Amendment Foundation slams the ruling as "some of the most amazing legal acrobatics I’ve ever seen."
Gun control advocates cheered the decision, though. Giffords Law Center said Judge Lasnik "appropriately recognized the severe threats to public safety and national security posed by downloadable guns." freebeacon.com/issues/federal…
There are a number of headscratchers in this ruling from Judge Lasnik. He talks about "cybernauts" using Bittorrent to download the files but they're widely and freely available all over the internet. You can download them all for free right here -> CodeIsFreeSpeech.com
He seems to believe, or at least argues in his ruling, that banning Wilson from posting the files has kept them from being openly available online. That's simply not true.
Judge Lasnik also argues that Wilson's "dogged pursuit" of publishing the files is, in and of itself, evidence that their publication represents irreparable harm to the states involved in the suit.
Judge Lasnik also brings up 9/11 in his ruling on whether or not the State Department can enter into a settlement with Cody Wilson that would allow him to publish gun designs on the internet... for reasons.
Judge Lasnik appears to believe it's not legal for people to arm themselves 'outside of the government’s traditional control mechanisms of licenses, serial numbers, and registration.' It is legal for law-abiding Americans to manufacture their own guns for personal use.
It still amazes me that Judge Lasnik literally says Wilson's free speech rights are being "abridged" but ruled to allow that abridgment to continue despite the literal exact wording of the First Amendment forbidding Congress from "abridging the freedom of speech." It's unreal.
It's even more unbelievable because it's more or less an aside to what's at the core of Judge Lasnik's ruling. He's more or less saying that the State Department didn't follow proper procedures in settling with Wilson and that he doesn't think they should've settled.
He dismisses the First Amendment argument earlier in his ruling because he doesn't think it has an impact on the procedural claims. Then he spends two paragraphs musing on the First Amendment claims by Wilson for no apparent reason. That's where he admits the abridgement.
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