Blog Posts: Jonathan C. Jakubowski

Jonathan C. Jakubowski

Firearm “Gag Order” Bound to Miss its Mark

“The contest for ages has been to rescue liberty from the grasp of executive power.” – Daniel Webster

In June 2015, the Department of State proposed several changes to the International Traffic in Arms Regulations (ITAR), which regulate the manner in which items on the United States Munitions List (USML) may be exported. 80 Fed. Reg. 106 (proposed Jun. 3, 2015). In addition to the physical armaments themselves, the ITAR regulates the export of USML items’ technical specifications. The key component of the ITAR, and the reason it concerns First Amendment scholars, is that it requires authorization from the State Department prior to the export of any items falling within its purview. The prior authorization requirement, combined with a creative definition of “export,” creates a real danger of speech suppression through prior restraint.


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No Comments | Posted by Jonathan C. Jakubowski on Mon. November 30, 2015 1:49 PM
Categories: Freedom of Speech

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