Kagan's thin record does yield some things which, when considered in the context of Obama's negative attitude towards the alternative media, should cause concerns regarding her interpretation of the First Amendment. Most notably, she was the second Solicitor to appear before the SCOTUS in the Citizens United case. Her predecessor had admitted before the court that the law could prevent books from being published during an election cycle; Kagan narrowed the definition, but still supported bans on Free Speech. Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office. CNSNews.com - Chief Justice Roberts: Kagan Asked Court to 'Embrace Theory of First Amendment That Would Allow Censorship Not Only of Radio and Television Broadcasts, But Pamphlets and Posters' In another case, she wrote: "Whether a given category of speech enjoys First Amendment protection," she wrote, "depends upon a categorical balancing of the value of the speech against its societal costs." Which was thwarted by the court: Writing for the 8-to-1 majority, Chief Justice John Roberts called this claim "startling and dangerous," adding: "The First Amendment's guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it." The Bounds of Silence - Reason Magazine Kagan appears to be the type of lawyer who looks for the loopholes in The Constitution which enable the expansion of Government Power. For this reason alone, she should not be appointed to the court. Her major "qualification" is a shared agenda with Obama for Big Government.