ABSTRACT

In Chapter 7, the content of gun-related YouTube videos is assessed as to whether or not it constitutes free speech that should be protected under the First Amendment. Specifically, do the videos’ ideas: 1 constitute political speech such as support for the Second Amendment; 2 contribute to the marketplace of ideas; 3 advocate for illegal activity such as violence; or 4 constitute low social value? The sampled videos likely fall within the First Amendment’s free speech protections, as many of them either constituted political speech or contributed to the marketplace of ideas. A few videos featured potentially “gray area” content (i.e., not strictly illegal or legal). Some of the YouTubers seemed aware of this, and appeared to take self-protective steps such as not showing their face. Videos that offered gun-handling workarounds (e.g., bump-firing) arguably contribute to the marketplace of ideas and offer gun-law loopholes that are not foreseen by legislators.