- Joined
- Dec 28, 2014
You're conspicuously ignoring the fact that just as not one of the founding fathers of your country would have considered 'assault weapon' bans defensible under the Constitution, they also wouldn't have been so braindead as to pretend that pornography is speech.
They would only have been concerned about it if the federal government did it, as much of the concern was that the federal government would take away the power of the states. States could and did have many regulations on who could own arms and what kind of arms they could own.
Among their concerns was that the federal government would do what the British had done and try to disarm Americans with means like the gunpowder embargo the British had imposed shortly before the Revolution, as well as attempts to seize state armories (guess how well those went).
Fairly shortly, most states also adopted their own rights to bear arms, but those were often limited, for instance, to white males, or attempts to ban concealed firearms, or even banning Catholics from owning arms.
Similarly, the First Amendment wouldn't have been seen as protecting obscenity (or anything else) from the states prohibiting it, because the Bill of Rights, in general, were not seen as applying to or limiting the states in what they could do. So the First Amendment may not have protected obscenity, but it was irrelevant as the federal government would have had no legitimate power to regulate it in any event. It wasn't until the priggish, sex obsessed Anthony Comstock as Postmaster General and the Comstock Act he was put in place to enforce that the federal government had any substantial role in such matters, even then limited to the use of the Postal Service.