Sen. Ted Cruz (R-TX) battered Democrats with questions about whether they would support restrictions on the First or Fourth Amendments he claimed were similar to those an assault weapons ban would impose on the Second:
I pose to the senator from California [Sen. Diane Feinstein], would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment, namely, would she consider it constitutional for congress to specify that the first amendment shall apply only to the following books and shall not apply to the books that congress has deemed outside the protection of the Bill of Rights?
But Sen. Charles Schumer (D-NY) obliterated his argument by noting the analogous actual restrictions on the actual First Amendment:
In reference to the question my colleague from Texas asked, would you limit books? Would you name specific books? Yeah. It’s constitutional within the ambit of the First Amendment to eliminate child pornography. And we have lots of laws that are very explicit about that. Very explicit. That are constitutional, that have been upheld as constitutional. Similarly, you can’t falsely scream fire in a crowded theater. Similarly, we have libel laws. Every one of these is an impingement on the sacred First Amendment, upheld as constitutional. There are reasonable limits on each amendment, and I think it is anomalous, to put it kindly, for either side to interpret one amendment so expansively and another amendment so narrowly that it just doesn’t add up because your interpretation of the Constitution should be consistent.
Sen. Sheldon Whitehouse (D-RI) then dealt the final blow with a direct comparison between First and Second Amendment restrictions both intended to protect public safety:
It is hard to imagine that it would be a violation of the First Amendment for somebody to yell fire in a crowded theater but it’s not a violation of the Second Amendment to prevent somebody from bringing a hundred-round magazine into a crowded theater in a Aurora, Colorado.
