This idea is kind of long, so in practice one would probably want to expand upon the basic concept in the short version here.
First, the setup, based loosely on the Miller case:
------------
"Imagine that the Bush administration and his big-oil cronies in the 109th Congress wrote a law banning a powerfully compelling book about global warming. Their reasoning was that because they felt global warming is a hoax, it isn't protected by the First Amendment. After the law is passed, an environmental activist is arrested for reading the book, but dies just as her legal challenge reaches the Supreme Court.
"Being that she wasn't there to argue her case, the Supreme Court states that 'In the absence of any evidence tending to show that possession or reading of books about global warming has any reasonable relationship to a free press, we cannot say that the First Amendment guarantees the right to own and read such a book,' and remanded it back to the lower court for fact finding.
"Now imagine that, following the Supreme Court's non-ruling, several Circuit Courts misinterpreted that case as being "settled," and suppressed or ignored all evidence on further challenges that the Supreme Court never heard. Imagine that each time someone else was arrested for reading about global warming, they were denied due process, and simply found guilty based on the chain of events above."
-----
Let that sink in for a moment, then ask them:
"If all that happened, would you agree or disagree that the First Amendment does not protect the right to read any book?"
When they shout 'NOO!!' in response, tell them to replace books with guns, and the First Amendment with the Second..
First, the setup, based loosely on the Miller case:
------------
"Imagine that the Bush administration and his big-oil cronies in the 109th Congress wrote a law banning a powerfully compelling book about global warming. Their reasoning was that because they felt global warming is a hoax, it isn't protected by the First Amendment. After the law is passed, an environmental activist is arrested for reading the book, but dies just as her legal challenge reaches the Supreme Court.
"Being that she wasn't there to argue her case, the Supreme Court states that 'In the absence of any evidence tending to show that possession or reading of books about global warming has any reasonable relationship to a free press, we cannot say that the First Amendment guarantees the right to own and read such a book,' and remanded it back to the lower court for fact finding.
"Now imagine that, following the Supreme Court's non-ruling, several Circuit Courts misinterpreted that case as being "settled," and suppressed or ignored all evidence on further challenges that the Supreme Court never heard. Imagine that each time someone else was arrested for reading about global warming, they were denied due process, and simply found guilty based on the chain of events above."
-----
Let that sink in for a moment, then ask them:
"If all that happened, would you agree or disagree that the First Amendment does not protect the right to read any book?"
When they shout 'NOO!!' in response, tell them to replace books with guns, and the First Amendment with the Second..