Presser v. Illinois

However, since the 1870s, there's been a lot of legal cases regarding the Second Amendment and what it means.

And Presser v. Illinois was overturned in the Bruin decision.

So a lot of people's understanding of like the popular context of what the Second Amendment actually means is more true now than it was back then.

And this is only, you know, a decade young.

We went through the history that, no, the Second Amendment absolutely does not protect private militia activity.

The Supreme Court has been clear about that since 1886 in a case called Presser v. Illinois.

And the founders, when they wrote the Constitution, expected that in all cases the military would be subordinate to the civilian power and we talked about voter intimidation what does that look like right what kinds of things are voter intimidation what kinds of things are threats that are true threats that are not protected by the first amendment that are actionable things what do you do as an election official or a voter if you see these kind of things right if somebody is brandishing a weapon at a polling place if someone is remember this from 2022 surveilling ballot drop boxes right sometimes standing there armed surveilling taking pictures of people's license plates when they go to drop off their ballot.

These are all intimidation tactics and they are unlawful and it's important to act upon those as election officials and law enforcement but it's actually just as important for people to understand their rights and understand what they should be demanding from their election officials and from their public safety officials so that they know what's lawful and not.