jarednjames said:
The first is a medical / psychological issue, and you can argue the person doesn't have a free choice in the matter.
The middle is tricky one which could go either way depending on the specifics of the case.
The last is a case of deception. You chose to act in a deceptive manner and lie to this girl. By doing so you put yourself in that situation and removed the option to speak freely yourself. She has done nothing.
Well you can argue that if intimidation is present (whether deliberate by the person or perceived by the other member) there isn't a free choice in the matter and you're weighing up the risks of speaking freely - something you shouldn't have to do (or at least you should never be presented with a situation where you are concerned about whether or not you can speak freely).
Basically, you haven't made the choice not to speak freely on the basis of you simply not wanting to. Instead the decision is made on the basis of a possible threat to you.
There's no argument here, intimidation can impede your rights. It can prevent you from exercising them.
Now in the case of a weapon such as a knife / gun, people can find them intimidating.
(Note I'm not discussing just guns anymore.)
Good point: I have the legal ability to carry a blade of less than 6 inches in a proper sheathe on my person, openly. I see no upside to this:
If you get into a heated verbal exchange in your local mini-mart, and someone observing this is concerned that you are much larger than the guy you're arguing with and calls the police:
-The police get a call from dispatch: verbal altercation, followed by a description.
If you're openly carrying a knife:
-That same call, but now it WILL include that one man has a knife. The police will now take a greater degree of caution with you, although in most places you won't be held at gunpoint.
-Same call... but with a concealed weapon that is not recognized.:
See the first dispatch call.
-Same call, but you have a gun in an openly displayed holster:
That info WILL be in the dispatch if the caller mentions it, and you better hope that the holstered nature of the weapon is adequately communicated. Even then, you may well be held at gunpoint until your certs can be confirmed.
So... even if you remove someone like me noting you, or the idea of using the weapon IN the argument (as a means of intentional intimidation), just letting everyone know that you're armed is enough to put you at higher risk of being approached by people who don't know you or your intent/state of mind.
If you DO use that weapon, or even if a reasonable case can be made that you tried to brandish it in the course of an argument, you'd just better hope that you're on video NOT doing that... I'd hate to rely on eyewitness testimony.
So... again... WHY? Even without the issue of free speech, shouldn't we first question WHY someone needs to pack heat unconcealed?
The only reason I can think of is someone really fat with an absurd gun and a tight shirt or coat... and you know what, maybe you should work on that weight problem that's killing you instead of criminals who probably WON'T. If someone else has a better reason, I'm listening.