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Dead Constitution
See other Dead Constitution Articles

Title: Some Speech Can Be Disappeared.
Source: WND
URL Source: http://www.wnd.com/index.php?fa=PAGE.view&pageId=152305
Published: May 11, 2010
Author: Aaron Klein
Post Date: 2010-05-11 07:52:51 by noone222
Keywords: None
Views: 111
Comments: 6

NEW YORK – President Obama's nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote "racial or gender inequality" could be "disappeared."

In her few academic papers, Kagan evidences strong beliefs for court intervention in speech, going so far as to posit First Amendment speech should be weighed against "societal costs.”

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."

The hottest book in America is the one that exposes the real Obama! Get your autographed copy only from WND!

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."

(Story continues below)

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."

Kagan's academic writings are sparse – just nine articles, two of which are book reviews.

Her stand on free speech could become a hot button issue as the Senate convenes to confirm her. If approved, Kagan would give the high court three women justices for the first time. She would be the youngest member on the current court and the first justice in nearly four decades without any prior judicial experience.

WND has reported that in her undergraduate thesis at Princeton, Kagan lamented the decline of socialism in the country as "sad" for those who still hope to "change America."

WND also reported Kagan has advocated for an increased presidential role in regulation, which, she conceded, would make such affairs more and more an extension of the president's own policy and political agenda.

Kagan was nominated as U.S. solicitor general by Obama in January and confirmed by the Senate in March. She was a dean of Harvard Law School and previously served alongside Obama as a professor of law at the University of Chicago.

A former clerk to Abner Mikva at the D.C. federal appeals court, Kagan was heavily involved in promoting the health-care policy of the Clinton administration.

Obama praised her because while he said a "judge's job is to interpret the law, not make the law," she has evidenced a "keen understanding of the impact of the law on people's lives."

The president said she has a "firm grasp on the nexus and boundaries between our three branches of government."

But more importantly, she understands, "behind the law there are stories, stories of people's lives," Obama said.

Kagan said the law is "endlessly interesting" and also "protects the most fundamental rights and freedoms."

With research by Brenda J. Elliott.


Poster Comment:

I'd like to think that this "TURD" could be flushed. To suggest that this communist is deserving of a seat on the Supreme Court is tantamount to recommending Freddie Kruger as babysitter for your grand children. Frankly, I think the head nigger in charge is attempting to cause a riot.

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Begin Trace Mode for Comment # 1.

#1. To: noone222 (#0)

I'd like to think that this "TURD" could be flushed.

Take the odds in this sick society.

1. Queer

2. Female

3. Jew

4. socialist

That is a winning combination, sure winner.

Cynicom  posted on  2010-05-11   8:20:53 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: Cynicom (#1)

That is a winning combination, sure winner.

I may be crazy as a loon ... but it will be a freezing cold day in hell before I ever contribute one "RED" cent to an Administration or government that would sit that kike fag on the Supreme Court.

Lock me up ... shoot me ... but don't ever say I supported the takedown of my beloved country or countrymen.

noone222  posted on  2010-05-11 08:24:12 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 1.

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