EJ Montini

The Republic | azcentral.com

Alan Korwin wanted to splash his in-your-face pro-gun message on bus-stop billboards across Phoenix but the city stopped him, forcing Korwin to tone down his language.

Korwin then took his case to court. Not long ago he won the latest round in what has been a nearly four-year legal slugfest. If the city doesn't appeal that decision Korwin will finally get to say what he wants to say about firearms in the way he wants to say it.

If that happens those of us who disagree with Korwin's point of view should … celebrate?

Yes.

You don't win an argument by muzzling the other guy.

We're supposed to be better than that.

"I would hope you're right but I don't know if that is true," Korwin told me. "People who disagree with the message would sometimes rather see the message suppressed."

The government is supposed to stop that from happening, not become the one doing the suppressing.

Phoenix officials removed 50 of Korwin's original ads, which said in big letters within a big red heart "Guns Save Lives." There was lots more language on the signs in small print and a reference to Korwin's commercial website tranmeaz.com. (The city required him to change the wording on the signs to "Guns Stop Crime" on a blue background.)

Korwin is an author of numerous books on gun rights and gun laws.

The city told him that his original ad violated Phoenix's policy against noncommercial advertising on buses and transit stops.

One judge agreed with the city, but that decision was overturned by the Arizona Court of Appeals, which said the city failed to follow its own policy.

Lawyers from the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation argued Korwin's case. The local American Civil Liberties Union filed a supporting brief.

Korwin said, "I would never have been able to pursue this case on my own."

The government is supposed to stand up for the little guy, not make his life more difficult. Little guys have limited resources. Governments have access to what seems like an unlimited amount of our tax dollars. That's why Korwin worries about an appeal.

"It's not their money, so it's no skin off their nose if they appeal the case," he said. "It's been three years and seven months that I have been without a voice... If they appeal the latest decision the case could take years to resolve. Wasting more city money to suppress speech."

He's right.

Hopefully, the city won't appeal.

After the latest ruling Goldwater's Clint Bolick issued a statement saying in part, "We are enormously gratified that the Arizona Court of Appeals protected the First Amendment rights of all Arizonans by striking down the City of Phoenix's arbitrary decision to forbid 'Guns Save Live' advertisements at city bus stops… It is a shame that the City of Phoenix constantly invites litigation by refusing to adhere to the state and federal constitutions."

I wouldn't say the city "constantly" does that, but even one time is too much.

There should be an open, no-holds-barred discussion about whether the government has a role in regulating firearms. That can't happen if some arguments are suppressed.

Each of us, lawyers, bureaucrats, politicians, businessmen like Alan Korwin -- even newspaper columnists -- must be able to shoot off our mouths.