PoliticalChic
Diamond Member
I understand that there is no way to block President Obama's nominee for the Supreme Court, Ms. Kagan...but it would be reassuring if some of our left wing board members would make known that they disagree with her views on free speech, as follows:
"In her 1993 article "Regulation of Hate Speech and Pornography After R.A.V," for the University of Chicago Law Review, Kagan writes:
"I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation."
In a 1996 paper, "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine," Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.
That paper asserted First Amendment doctrine is comprised of "motives and ... actions infested with them" and she goes so far as to claim that "First Amendment law is best understood and most readily explained as a kind of motive-hunting."
Kagan's name was also on a brief, United States V. Stevens, dug up by the Washington Examiner, stating: "Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs."
If the government doesn't like what you say, Elena Kagan believes it is the duty of courts to tell you to shut up. If some pantywaist is offended by what you say, Elena Kagan believes your words can be "disappeared".
WyBlog -- Elena Kagan's America: some speech can be "disappeared"
(emphasis mine)
So, once again we see that elections have consequences.
Let's all remember that.
"In her 1993 article "Regulation of Hate Speech and Pornography After R.A.V," for the University of Chicago Law Review, Kagan writes:
"I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation."
In a 1996 paper, "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine," Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.
That paper asserted First Amendment doctrine is comprised of "motives and ... actions infested with them" and she goes so far as to claim that "First Amendment law is best understood and most readily explained as a kind of motive-hunting."
Kagan's name was also on a brief, United States V. Stevens, dug up by the Washington Examiner, stating: "Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs."
If the government doesn't like what you say, Elena Kagan believes it is the duty of courts to tell you to shut up. If some pantywaist is offended by what you say, Elena Kagan believes your words can be "disappeared".
WyBlog -- Elena Kagan's America: some speech can be "disappeared"
(emphasis mine)
So, once again we see that elections have consequences.
Let's all remember that.