By Darren Smith, Weekend Contributor
A tradition spanning multiple generations in the United States is that a large portion of our society celebrates and shows tribute to the United States through the lighting and observance of fireworks. Yet numerous municipalities and counties impose sweeping and total bans of fireworks. Some statutes regulate the type of firework allowable, such as those having a ferocity that safety requires certified technicians. Others ban benign devices such as snakes and small fountains.
But does a complete ban on fireworks regardless of size constitute an infringement on the first amendment rights of citizens?
Municipalities having such total bans often provide or at least facilitate public exhibitions of professional fireworks displays. An esoteric argument can be made that such locations may constitute an exclusive free-speech zone permitted by the state whereas the private celebrations and expressions on private property by individuals are not permitted.
The usual argument for fireworks prohibition is that fires result from their usage and the state has an interest in preventing accidents. But can the state argue that the danger is so inherent that all fireworks must be prohibited; thus removing this free speech right?
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