Joseph Blocher
Connect with Joseph
About Joseph
Blocher teaches and writes about constitutional law; especially the First and Second Amendments. His recent work has focused on free speech and on the developing legal regime regarding gun rights and gun regulation; and has been cited by many federal courts.
Contributions
How America's Tradition of Localism Could Help Gun Control
In the News
Publications
Explains and criticizes the Supreme Court's reliance on "text, history, and tradition" to evaluate the constitutionality of modern laws, especially those involving guns. Proposes solutions such as defining principles of similarity between historical and modern laws, addressing differences between past and present contexts, and recognizing judicial limitations in historical inquiry and regulatory changes.
Explores how the Supreme Court increasingly relies on historical facts in constitutional litigation, driven by the rise of originalism and similar interpretative methods. Suggests that while originalism claims to resolve constitutional questions based on historical facts, these facts are often not litigated in accordance with standard practices for fact-finding (introduction at trial, expert testimony, adversarial testing, deference on appeal, etc.).
Argues that the traditional view of gun regulation focusing solely on preventing physical harm is incomplete and skews constitutional analysis of gun rights. Highlights how guns can also be used to intimidate and threaten, necessitating government regulation to protect public safety and the democratic public sphere. Emphasizes that recognizing these broader societal impacts of gun regulation is essential for ensuring equal security and liberties in a diverse constitutional democracy.
Explores implications of federal policy that places certain restrictions on gun ownership for veterans.
Analyzes over one thousand court opinions on the Second Amendment since the DC v. Heller case was decided in 2008. Establishes empirically the nature of legal opinion on the Second Amendment in a changing constitutional environment.
Summarizes and analyzes the history of constitutional theory behind the Second Amendment, in the aftermath of the 2008 DC v. Heller Supreme Court case.
Analyzes "gun neutral" law and cases in civil and criminal law where firearms are an incidental part of alleged conduct.
Analyzes the constitutional basis for "nonsense" speech acts in the context of First Amendment protections. Finds that meaningful and meaningless speech are intertwined, and that how words are used are important, not just how they relate to concepts beyond the words themselves.
Argues that Second Amendment doctrine can and should incorporate the longstanding and sensible American tradition of regulating guns more strictly in cities than in rural areas.