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Kagan: Speech is free if government decides it has more value than 'societal costs'
wash. examiner ^ | 5/10/10 | Mark Tapscott

Posted on 05/10/2010 4:07:30 PM PDT by Nachum

Freedom of speech, religion and other First Amendment issues are likely to be among the most visible during the coming Senate confirmation hearings on President Obama's nomination of Solicitor General Elena Kagan for the U.S. Supreme Court.

As an illustration why, consider this quote dug up by the First Amendment Center's David L. Hudson, who found it in a government brief signed by Kagan in United States v Stevens: “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.”

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Government; News/Current Events
KEYWORDS: free; government; kagan; speech
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1 posted on 05/10/2010 4:07:30 PM PDT by Nachum
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...
The list, ping

Let me know if you would like to be on or off the ping list

2 posted on 05/10/2010 4:08:12 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: Nachum
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.”

communism

3 posted on 05/10/2010 4:09:53 PM PDT by plain talk
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To: Nachum

I hope the Repubs in the Senate see all this stuff!!!


4 posted on 05/10/2010 4:12:20 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
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To: Nachum

How much tax would I have to pay fo a ‘UP YOURS OBAMA”?


5 posted on 05/10/2010 4:12:30 PM PDT by screaminsunshine (S)
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To: screaminsunshine
How much tax would I have to pay fo a ‘UP YOURS OBAMA”?

I don't think these are too outrageously taxed yet..

There's a reason the 1st and 2nd are back to back.

6 posted on 05/10/2010 4:15:33 PM PDT by Michael Barnes (Call me when the bullets start flying.)
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To: Nachum

Bump.


7 posted on 05/10/2010 4:16:49 PM PDT by EternalVigilance (TATBO! - "Throw All The Bums Out!")
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To: Nachum

So basically this is Stevens 2.


8 posted on 05/10/2010 4:18:17 PM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Michael Barnes

The Liberals are trying to figure out that one as we speak. The 2nd is not compatible with a totalitarian Police State.


9 posted on 05/10/2010 4:22:07 PM PDT by screaminsunshine (S)
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To: Nachum
lat me see if I understand this correctly.

the only speech you will be allowed, without threat of incarceration, is the speech the gov’t allows you.

Where's the “FREE” part come in?

10 posted on 05/10/2010 4:22:09 PM PDT by maine-iac7 (google)
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To: Nachum
That's pretty much the Fascist position on "free speech".

Remember, top Nazis could pretty much say what they wanted as long as they were of value to the regime. If they started saying the wrong things, or plotting to kill Hitler, their social value became much diminished and they could be killed.

Not at all surprising to me that Obama would select the nominee most likely to select the most fascistic solutions to any sort of problem.

He's very given to accepting the legitimacy of authoritarianism. His grandpa must have been holy hell on his butt!

11 posted on 05/10/2010 4:24:49 PM PDT by muawiyah ("Git Out The Way")
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Comment #12 Removed by Moderator

To: Nachum

” ... a categorical balancing of the value of the speech against its societal costs.”

Whether speech remains free depends upon a utilitarian test of whether allowing it results in the greatest amount of happiness or good for the greatest number of people (”greater good”), while abortion remains a categorical imperative.

These people are pure evil.


13 posted on 05/10/2010 4:26:16 PM PDT by tumblindice ("I tremble for my country to think that God is just." T. Jefferson)
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To: Nachum

btt


14 posted on 05/10/2010 4:26:49 PM PDT by opentalk
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To: little jeremiah

“I hope the Repubs in the Senate see all this stuff!”

And grow a pair and stop this person dead in his/hers/its tracks!


15 posted on 05/10/2010 4:28:40 PM PDT by getarope (One Big Ass Mistake, America!)
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To: Nachum

So does this mean the return of “The Hays Commission” in liberal form?


16 posted on 05/10/2010 4:29:20 PM PDT by dfwgator
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To: muawiyah
"He's very given to accepting the legitimacy of authoritarianism. His grandpa must have been holy hell on his butt! "

His grandpa most likely held Barry while Frank Marshall Davis gave holy hell to his butt...

17 posted on 05/10/2010 4:39:57 PM PDT by JDoutrider
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To: screaminsunshine
The only way is bloody and they know it. They also know their head in the sand, pacifist ideology will get its ever loving arse handed to it by trying to force their will on others.

The obama administration can kiss my arse. They believe that Gov't power comes at the end of a gun (even said so, the mao loving son's of bitches); I believe my liberty is GOD given and is defended from the end of my gun.

18 posted on 05/10/2010 4:49:48 PM PDT by Michael Barnes (Call me when the bullets start flying.)
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To: plain talk
Not Communism at all ~ this is where the Commies and the Nazis part company ~ but ONLY at the top level.

Your big time Commies are spied on all the time and have no privacy ~ (in the theory and practice in the former USSR and China). The big wig Nazis were entitled to a good time and could say what they wanted among themselves provided they didn't plot to kill Hitler (or Goering).

For everybody else it was all the same thing ~ Nazism, Communism, Socialism ~ no toleration of commentary by the people "being served" (as on a plate for dinner)

19 posted on 05/10/2010 5:07:17 PM PDT by muawiyah ("Git Out The Way")
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To: getarope

I feel sick. I’m going to take a break from FR for a couple of weeks. My nerves are frayed to the snapping point.


20 posted on 05/10/2010 5:15:31 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
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