Justifying Perceptions in First and Second Amendment Doctrine

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Public perceptions often motivate policymakers. But what is the role of perceptions in defending regulations challenged as violating constitutional rights? First and Second Amendment doctrine provide a nuanced answer to that question, sometimes categorically rejecting and other times permitting shaping perceptions as a valid reason to regulate. This article explores evolving doctrine and explains why shaping some perceptions – like the perception of safety – may have a more legitimate role justifying firearm regulations than speech regulations.

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