Code Red

About

WyBlog, the best thing about New Jersey since the invention of the 24 hour diner.

Chris Wysocki
Caldwell, NJ

The nine most terrifying words in the English language are "I'm from the government and I'm here to help." - Ronald Reagan

Chris Wysocki | Create Your Badge

My Other Blog

Me, at Right Wing News

Follow @WyBlog

Twitter Feed

Tweets by @WyBlog

Thousands of Deadly Islamic Terror Attacks Since 9/11

Badges

Link to me

Feedjit

Search WyBlog

The Party of "No"

Fair Use Notice

"This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of environmental, political, human rights, economic, democracy, scientific, social issues, etc. It is believed that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit for research and educational purposes."

Hey! I've moved to He's Pretty Fly For A Jersey Guy.

Please update your bookmarks. Thanks!

Tuesday, 11 May 2010

Elena Kagan's America: some speech can be "disappeared"

When it comes to freedom of speech and the First Amendment exactly which part of "Congress shall make no law" doesn't Elena Kagan understand?

In her scant academic paper trail Ms. Kagan has expressed strong beliefs in favor of court intervention in speech, going so far as to posit First Amendment speech should be weighed against "societal costs."

Un oh.

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".

That my friends is the very definition of fascism. In Elena Kagan's America the right to not be offended trumps your right to free speech. The right to criticize your government must be weighed against the "societal cost" of that criticism. Who will do the weighing? Why Elena Kagan of course! She won't be merely a Justice of the Supreme Court, she'll be the High Priestess of Censorship!

Wanna bet that one of the first "societal costs" she weighs will be that of right-wing talk radio? Any guesses on whether or not it'll come up short?

The more I read about Elena Kagan the scarier she becomes.

Posted at 18:07 by Chris Wysocki [/obama_watch] Comments | Perm Link |
Technorati Tags: Elena+Kagan SCOTUS First+Amendment freedom+of+speech | Tweet

blog comments powered by Disqus

Previous: Elena Kagan, wrong for SCOTUS, and wrong for America	Next: NJ Democrats have a bold new plan, raise taxes!
Main

WyBlog

We The People