Skip to comments.Stephen Breyer backtracks, now says Koran Burning may be Constitutional
Posted on 09/17/2010 7:50:46 PM PDT by jdawg2010
Appearing on CNN, Supreme Court Justice Stephen Breyer told Larry King that burning the Koran was protected speech. When asked if Pastor Jones of Florida had a right to burn the book, Breyer said, "Yeah, I said it depends on what analogy you use, but the most one analogous case is that there was you have the right to burn an American flag as a symbol."
Earlier, Breyer told George Stephanopoulos that burning the Koran may not be protected by the First Amendment and compared it to yelling 'fire' in a crowded theater.
(Excerpt) Read more at examiner.com ...
Reminds me of Obama - surprised that we all aren’t jumping to our feet and applauding when he protects, exempts, and defends Islam.
Was there ever a case involving someone who yelled fire in a crowded theater?
Someone told him you wouldn’t be able to burn the American Flag or pee on Jesus Christ anymore, so he changed his opinion.
He was for banning burning korans before he was against it.
The senile old fart is showing early signs of dementia.
How does a total idiot get to be a Supreme Court justice?
Right along with burning our flag, the Cross in a glass of urine, Mother Mary statue made out of .... the whole idea just sickens me .... all in the name of art and free speech ... but just let someone do some art about MoHAMmad or something about the Koran and see what happens ....
The reason why one would find that act heinous is because early theatres were often set on fire, with flammable celluloid running past a bright hot light bulb, and a correct warning of fire would have to be acted on quickly. A false alarm of fire would lead to many lives risked, at least, and perhaps lost.
It was the frequency of bad fires that made it subject to the analogy, which has now outlived the hazard.
In your one-day stay here at FR, you’ve posted exactly two threads, and made no replies to anything, and managed to excerpt the same lame-ass blog with the same author twice, and both times you failed to put this in bloggers.
And the story the blog is rehashing has already been posted (back when it actually was “news,” and not blog fodder).
Are you John Newby, newbie?
As I have said before, the whole “Can’t yell fire in a crowded theater” argument AS IT IS SAID TO APPLY to the first amendment is totally bogus and about the worst legal analysis I have ever heard...
One could get THE EXACT SAME RESPONSE if you were in a theater and held up a hand grenade and didn’t say a single word!
It has NOTHING to do with freedom of speech, it has everything to do with reckless endangerment.
But greater minds than Breyer have been confused by the issue, so I’m not surprised by his statements...
Here's how Chief Justice Roberts put it in his majority opinion striking down the law, an opinion which was joined by all of the Court's "liberal" Justices (Ginsburg, Breyer, Stevens and Sotomayor).
Dear Honorable Justice Breyer:
We are not in a crowded theater.
The Constitution is like a shadow on the wall, it changes constantly as the Court moves through the sky.
ain’t that profound sounding?
Breyer’s remark that the Koran burning equated with yelling “fire” in a crowded theater had to be one of the stupidest remarks I’ve heard in a long time. Really, truly astonishing from a “jurist.” You would have to negate the entire concept of free will and personal responsibility to make any sense of it.
What's next, Ruth Buzzi Ginsburg on "Dancing with the Stars"?
How long do you think jingledawg will last?
Not long I hope.
I see someone left a critical comment on his myspace page.
“How does a total idiot get to be a Supreme Court justice?”
Easy answer. Bill Clinton 1994. Need I say more?
I sent our friend a private message suggesting a different approach to posting. Also, the mods have poked him on another thread. Let’s see how he takes friendly advice.
Of course it depends on the analogy you choose. Yelling ‘fire’ in a theater, or burning flag/the Bible. The question is what criteria that we use in choosing the analogy. The first one is based on the similarity in results. The second one is based on whether the person agrees/disagrees with the content of the book or the meaning attached to the flag.
He has, however, given a boost to the legitimate career hopes of a recently fired New Jersey Transit worker. For this — and for the fact that broken watches give accurate readings of the time twice each day — we can all be grateful.
Clinton, Obama, milquetoast liberal Senators.
I also like the tagline you have on your profile page; I hope you don't mind that I've borrowed it.
Filled with hatred for those that disagree, democrats are the most intolerant bigots on earth
As a black man who is staunchly conservative I have been the target of extreme hatred both online and in my life at home. I have family members who don't/won't speak to me because I have been critical of Obama. Additionally, I have been active in Internet forums for over 10 years and in that time I have been called every vile name imaginable. Each time and without exception the one doing the name-calling was a liberal; they are frothing at the mouth with hatred for any black man who would vote conservative. Conversely, I have never, and without exception, been called anything but FRiend by my conservative bretheren.
Thanks again! -SoFo
Dammit, I do not a freaking Myspace page!!!
Uhm, let’s try this line of argument you Braying Jackazz, Breyer.
It’s a symbol which can be manufactured over and over and over again.
Unlike a relic, of which there would be only one of a kind.
I once shouted “Movie Theater” during a fire. Nobody seemed to notice.
Used to be constitutional also. I say we bring them back and let Breyer chill in one for awhile.
Appointed by Democratic President Bill Clinton in 1994.
By being appointed by one.
I bet the 'lil feller is on the tweeter too!
Dammit! He do not a tweet!!!
Hey, did Myspace change it’s format?
It looked better before.
How is it these supposed well educated "Constitutional Scholars" have to guess on matters that are painfully evident?
Koran burning is Constitutional. So is Flag burning (even the rainbow one) and Bible burning. Its a form of protest and is protected by the First Amendment.
In the opinion's most famous passage, Justice Holmes sets out the "clear and present danger" test: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." This case is also the source of the phrase "shouting fire in a crowded theater", paraphrased from Holmes' assertion that "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."
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