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ACLU Can’t Bring Themselves to Acknowledge Hemani Ruling Was Also a Win for Gun Rights

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The ACLU’s donor email celebrating their Supreme Court victory in the Hemani case reads like a master class in selective memory: the organization trumpets its win on free-speech grounds while refusing to utter the words “gun rights” or “Second Amendment,” even though the ruling also struck down a content-based restriction that had chilled protected speech about lawful firearm ownership and training. By treating the Second Amendment as radioactive even when it rides along for free on a First Amendment win, the ACLU reveals how thoroughly progressive legal culture has quarantined gun rights from the rest of the Bill of Rights—an approach that forces donors and the public to pretend the Constitution contains an asterisk next to the one amendment that actually names an individual liberty.

For the 2A community the lesson is both tactical and philosophical: victories can arrive through unexpected doctrinal doors, and litigators who refuse to acknowledge the full scope of a ruling risk ceding narrative control to opponents who will happily paint every pro-carry or pro-training decision as a dangerous outlier rather than part of a coherent liberty framework. The Hemani outcome underscores that content-based speech restrictions targeting gun-related expression are unlikely to survive strict scrutiny, giving advocates a new tool to challenge “sensitive places” rules, insurance mandates, and social-media deplatforming that single out firearms discourse. At the same time, the ACLU’s studied silence is a reminder that institutional allies remain conditional; the broader gun-rights movement will continue to advance by building its own robust free-speech and equal-protection arguments rather than waiting for legacy civil-liberties groups to discover that the Second Amendment is not a junior-varsity right.

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