Initial Kagan Critiques Miss the (First Amendment) Point One problem is precisely her very short paper trail though there are no indications shes anything but a conventional modern liberal, on which more in future but something to tease out of that trail, combined with her year as SG, is a certain hostility to the freedom of speech. For example, in her article Regulation of Hate Speech and Pornography After R.A.V., she attempts to find a constitutional way to restrict the sorts of speech that she personally finds offensive. And in her defense of the federal depiction of animal cruelty statute which the Supreme Court struck down 8-1 she argued for a balancing test weighing the value of speech against its social harm. Not to mention her arguments in Citizens United, the campaign finance statute that, until it was struck down could have banned books, flyers, and movies that contained political speech. (Interestingly, in Citizens United, she abandoned the very level political playing field argument the president invokes to criticize the decision.)" .