Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Stephen Breyer backtracks, now says Koran Burning may be Constitutional
examiner.com ^ | 9/17/2010 | Joe Newby

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 ...


TOPICS:
KEYWORDS: blogpimp; firstamendment; koranburning; myspace; n00b; stephenbreyer; supremecourt

1 posted on 09/17/2010 7:50:47 PM PDT by jdawg2010
[ Post Reply | Private Reply | View Replies]

To: jdawg2010

Reminds me of Obama - surprised that we all aren’t jumping to our feet and applauding when he protects, exempts, and defends Islam.


2 posted on 09/17/2010 7:55:35 PM PDT by flowerplough (Thomas Sowell: Those who look only at Obama's deeds tend to become Obama's critics.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

Was there ever a case involving someone who yelled fire in a crowded theater?


3 posted on 09/17/2010 7:56:16 PM PDT by ilovesarah2012
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

Someone told him you wouldn’t be able to burn the American Flag or pee on Jesus Christ anymore, so he changed his opinion.


4 posted on 09/17/2010 7:57:07 PM PDT by Williams (It's the policies, stupid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

He was for banning burning korans before he was against it.


5 posted on 09/17/2010 7:57:22 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

The senile old fart is showing early signs of dementia.


6 posted on 09/17/2010 7:59:48 PM PDT by PhiloBedo
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

How does a total idiot get to be a Supreme Court justice?


7 posted on 09/17/2010 8:00:11 PM PDT by Gertie
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

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 ....


8 posted on 09/17/2010 8:00:16 PM PDT by SkyDancer ("I Belive In The Law Until It Interferes With Justice - and I'm still Molly Norris")
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012

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.


9 posted on 09/17/2010 8:00:44 PM PDT by donmeaker ("Get off my lawn." Clint Eastwood, Green Ford Torino)
[ Post Reply | Private Reply | To 3 | View Replies]

To: jdawg2010
Let me guess: calling Muslims violent is not protected speech, because doing so would cause riots ... Is that just about right? (So, it's not protected because it's correct.)
10 posted on 09/17/2010 8:01:33 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010
Where does it say in the Constitution that you can not yell “fire” in a crowded theater? There are municipal laws against such behavior.
11 posted on 09/17/2010 8:02:58 PM PDT by granite (those who foolishly sought power by riding the back of the tiger ended up inside - JFK)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010; humblegunner; Eaker; Vendome; shibumi; 50mm

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?


12 posted on 09/17/2010 8:04:33 PM PDT by Larry Lucido
[ Post Reply | Private Reply | To 1 | View Replies]

To: South40

LOL!! ;-}


13 posted on 09/17/2010 8:05:06 PM PDT by jdawg2010
[ Post Reply | Private Reply | To 5 | View Replies]

To: jdawg2010

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...


14 posted on 09/17/2010 8:05:22 PM PDT by djf (It is ISLAM or "We, the People..." Take your pick. THERE IS NO MIDDLE GROUND!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010
In U.S. v. Stevens, Elana Kagan wrote:

=================================================================

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).

=================================================================


15 posted on 09/17/2010 8:06:27 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

Dear Honorable Justice Breyer:

We are not in a crowded theater.


16 posted on 09/17/2010 8:06:43 PM PDT by thecodont
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

The Constitution is like a shadow on the wall, it changes constantly as the Court moves through the sky.

ain’t that profound sounding?


17 posted on 09/17/2010 8:07:32 PM PDT by count-your-change (You don't have be brilliant, not being stupid is enough.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

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.


18 posted on 09/17/2010 8:08:55 PM PDT by GVnana (I'm a Mama Grizzly)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010
What's he doing on Larry King Dead, anyhow?

What's next, Ruth Buzzi Ginsburg on "Dancing with the Stars"?

Leni

19 posted on 09/17/2010 8:09:03 PM PDT by MinuteGal (BO'R:"Obama is not a Marxist"(10/20/09)..."Communism is no threat to us any more" (9/8/09))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Larry Lucido; jdawg2010

How long do you think jingledawg will last?

Not long I hope.

I see someone left a critical comment on his myspace page.


20 posted on 09/17/2010 8:11:24 PM PDT by Eaker (Pablo is very wily)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Gertie

“How does a total idiot get to be a Supreme Court justice?”

Easy answer. Bill Clinton 1994. Need I say more?


21 posted on 09/17/2010 8:13:22 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Eaker; jdawg2010

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.


22 posted on 09/17/2010 8:13:41 PM PDT by Larry Lucido
[ Post Reply | Private Reply | To 20 | View Replies]

To: jdawg2010
Light'em if you got'em

firewithfire


23 posted on 09/17/2010 8:18:17 PM PDT by FrankR (Standing up to TYRANTS is the only thing that will stop the onslaught of TYRANNY.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010

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.


24 posted on 09/17/2010 8:21:06 PM PDT by paudio (The Democrats have been majority in Congress since 2006, not 2008!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010
How would Breyer know what is and isn't constitutional? He spends his time and mental energy looking at foreign cultures, animal entrails and his own stool for legal inspiration, or rather for excuses to do whatever seems to him convenient and synchronous with his perceptions of various current trends. His opinions are most accurately understood as brain farts or spasms than as reasoned and informed constitutional findings.

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.

25 posted on 09/17/2010 8:22:18 PM PDT by Mobties (Let the markets work! Reduce the government footprint!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012
Was there ever a case involving someone who yelled fire in a crowded theater?

John Wilkes Booth comes to mind.
26 posted on 09/17/2010 8:37:35 PM PDT by Question Liberal Authority (Worst. Post-Racial President. EVER.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: South40
re: your post 15. Thanks, fantastic post.

Bookmark

27 posted on 09/17/2010 8:40:22 PM PDT by theymakemesick ( islam - inspired by Satan www.prophetofdoom.net)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Gertie
How does a total idiot get to be a Supreme Court justice?

Clinton, Obama, milquetoast liberal Senators.

28 posted on 09/17/2010 8:41:26 PM PDT by Red Steel
[ Post Reply | Private Reply | To 7 | View Replies]

To: theymakemesick
Thank you TMMS. I found it extremely relevent re this topic.

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

29 posted on 09/17/2010 8:58:07 PM PDT by South40 (Filled with hatred for those that disagree, democrats are the most intolerant bigots on earth)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Eaker

Dammit, I do not a freaking Myspace page!!!


30 posted on 09/17/2010 9:08:23 PM PDT by jdawg2010
[ Post Reply | Private Reply | To 20 | View Replies]

To: jdawg2010

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.


31 posted on 09/17/2010 9:11:13 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012

I once shouted “Movie Theater” during a fire. Nobody seemed to notice.


32 posted on 09/17/2010 9:18:52 PM PDT by Grizzled Bear (Does not play well with others)
[ Post Reply | Private Reply | To 3 | View Replies]

To: jdawg2010
Well these -

Used to be constitutional also. I say we bring them back and let Breyer chill in one for awhile.

33 posted on 09/17/2010 9:19:09 PM PDT by conservativegramma
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gertie

Appointed by Democratic President Bill Clinton in 1994.

By being appointed by one.


34 posted on 09/17/2010 10:50:03 PM PDT by rickb308 (I love watching libruls heads explode as they see their dogma run over by their karma.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Eaker; jdawg2010; Larry Lucido
"Dammit, I do not a freaking Myspace page!!!"

Well, there you go Eaker. He (dammit) do not a freaking Myspace page. With three (count 'em) THREE exclamation points. (Just what is it with n00bie Boogers and exclamation points?)

Now that he's told you off, in no uncertain, if slightly awkward, terms, maybe you best respond. May I suggest something in his own dialect?

How 'bout this:

Yo! JDawg! What it be like? Y'All dammit a facebook? O is y'all jus a PimpFoo?
35 posted on 09/18/2010 12:51:24 AM PDT by shibumi (I have become everything I used to pretend I was.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: shibumi; jdawg2010; Larry Lucido
"Dammit, I do not a freaking Myspace page!!!"

LOL!

I bet the 'lil feller is on the tweeter too!

36 posted on 09/18/2010 1:02:27 AM PDT by Eaker (Pablo is very wily)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Eaker

Dammit! He do not a tweet!!!


37 posted on 09/18/2010 1:03:19 AM PDT by shibumi (I have become everything I used to pretend I was.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: jdawg2010

Hey, did Myspace change it’s format?

It looked better before.


38 posted on 09/18/2010 2:55:29 AM PDT by humblegunner (Pablo is very wily)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jdawg2010
"Stephen Breyer backtracks, now says Koran Burning may be Constitutional"

Wow...

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.

39 posted on 09/18/2010 3:01:27 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ilovesarah2012
Was there ever a case involving someone who yelled fire in a crowded theater?

http://en.wikipedia.org/wiki/Schenck_v._United_States

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."

40 posted on 09/18/2010 3:13:06 AM PDT by P.O.E. (Compact Theory)
[ Post Reply | Private Reply | To 3 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson