The most common collectivist justification for the individual right to keep and bear arms is that the people need guns in order to deter the federal
government from becoming tyrannical and to mount an insurrection
should tyranny arise. This insurrectionist justification resonates with the First Amendments function of protecting robust political debate and dissent. However, drawing on my prior work on the dynamic political value of expressive freedom, I contend that insurrection and debate mark incompatible paths to political change.
Second Amendment insurrectionism falls short of First
Amendment dynamism normatively,
because debate is more
constructive and participatory than violence. Second Amendment
insurrectionism also threatens the legal status of First Amendment
dynamism, because recognizing a constitutionally permissible
path to violent insurrection dramatically increases the cost
of constitutionally protecting advocacy of violence.
We cannot
have both First Amendment dynamism and Second Amendment
insurrectionismand in fact we have made our choice.
The Supreme Court spent almost a century developing First
Amendment doctrine, with special emphasis on the right to
advocate violent revolution, before it bothered to recognize an
individual right to keep and bear arms. That disparity embodies
our societys embrace of debate, and rejection of insurrectionism,
as the vehicle for dynamic political change.
http://law.wustl.edu/magazine/fall2012/pdf/inreview-magarian.pdf