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Old 12-08-2009, 09:43 PM   #16
valiumnopresc

Join Date
Oct 2005
Posts
489
Senior Member
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Sailaway, you might be interested to note that the common law defintion of affray (before specific statutory definitions replaced it) expressly stated that bearing arms did not of itself constitute an affray "unless it be accompanied with such circumstances as are apt to terrify the people".
Thanks, good to know. I think this would also be the basis of the current interpretation of the First Amendment i.e. that speech is generally protected, but shouting "fire" in a crowded theatre is essentially an affray.
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