Tim Sandefur wrote a brief reply to me last evening. I think he's right, we don't really disagree, we're just using two different terms. I tend to say that where there is a legitimate governmental interest in a given area, it's a restriction on that right. He tends to say that if there's a legitimate governmental interest, then no right was there to be restricted in the first place. But we both reach the same result, which is hardly surprising since we both tend to take a libertarian perspective on legal issues in the first place. Anyway, read his reply and the rest of his blog too. It's good stuff, even aside from the law stuff. He loved Larry Solum's essay on the 9th amendment, as I did, but I'm awarding an additional 15 points to him for the Daniel Dennett reference. Dennett is a philosopher from Tufts and the director of the Center for Cognitive Studies. Also the author of one of the best books on evolutionary theory, Darwin's Dangerous Idea.