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Elena Kagan: Government Can Ban Political Pamphlets
cnsnews.com ^ | May 10, 2010 | Terence P. Jeffrey

Posted on 05/10/2010 4:18:18 PM PDT by Free ThinkerNY

(CNSNews.com) - Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.

Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.

“The Government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” wrote Roberts. “Its theory, if accepted, would empower the Government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations—as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”

Justice Kennedy described the law Kagan had defended as an illegitimate attempt to use “censorship to control thought.”

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


TOPICS: Front Page News; News/Current Events
KEYWORDS: citizensunited; democrats; elenakagan; freespeech; homosexualagenda; kagan; kagantruthfile; liberalfascism; liberalprogressivism; lping; scotus
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1 posted on 05/10/2010 4:18:18 PM PDT by Free ThinkerNY
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To: Free ThinkerNY

This nominee needs to be sent down in flames.


2 posted on 05/10/2010 4:19:35 PM PDT by ridesthemiles
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To: Free ThinkerNY

I predict that at least 5 GOP Senators will vote for her.


3 posted on 05/10/2010 4:20:26 PM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Free ThinkerNY

Now, does ANYONE have any doubts why this radical anti-constitutionalist was selected ??


4 posted on 05/10/2010 4:20:39 PM PDT by EagleUSA
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To: Free ThinkerNY

A Free Speech Enemy.

No wonder Obama nominated another of his fat, hideous pig women.


5 posted on 05/10/2010 4:21:11 PM PDT by FormerACLUmember ("Subtlety is not going to win this fight": NJ Governor Chris Christie)
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To: Free ThinkerNY

That was her?

She is the one who thinks the government can even censor Kindle downloads??

wow


6 posted on 05/10/2010 4:21:53 PM PDT by GeronL (http://tyrannysentinel.blogspot.com)
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To: Free ThinkerNY

I don’t like her, of course, but she may have only “been following orders” as Solicitor General. She did her job, and SCOTUS did its.


7 posted on 05/10/2010 4:22:04 PM PDT by Dr. Sivana (There is no salvation in politics)
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To: Free ThinkerNY; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


8 posted on 05/10/2010 4:22:06 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: Free ThinkerNY

This Lesbian Nominee by the Alleged Usurper of the Office of President of the United States is one very Scarey and Dangerous Dude who appears to be against All the Freedoms America holds dear to her Heart!


9 posted on 05/10/2010 4:22:51 PM PDT by True Republican Patriot (May GOD Continue to BLESS Our Great President George W. Bush!!)
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To: Free ThinkerNY

First They Came for the Jews

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
Pastor Martin Niemöller

Community and individuality are not opposites. People cannot survive on their own. When the odds are stacked against you, you must rally with the oppressed and hated.

When a growing oppressive regime is taking hold, you must act, otherwise you will soon face your enemy alone and hopeless.

Strength of community is a strength as much as individualism, as long you are willing to face weaknesses in your own community. Ignoring slacking values will mean that you will be rallied against by those you oppress.

Niemöller affirms we must rally against unhealthy organized regimes. We must also stay vigilant with those that appear to be good natured, as all organisation attracts corruption. Niemöller also warns us that if it is you who are corrupt, then you will face a stronger combined force of foe!
Vexen Crabtree

10 posted on 05/10/2010 4:23:05 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Dr. Sivana

That 1984 commercial about hillary definitely applies to bo now.


11 posted on 05/10/2010 4:24:00 PM PDT by Always Independent
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To: ridesthemiles

I sure hope no RINOS vote for this communist. They are crazy to think they can get away with this crap. Why do no Repuplicans come out and call a communist a communist. Jeez???


12 posted on 05/10/2010 4:24:16 PM PDT by screaminsunshine (S)
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To: ridesthemiles

Not gonna happen - even it all Reps suddenly grew a backbone, she would still make it thru the Senate


13 posted on 05/10/2010 4:24:26 PM PDT by VRWCTexan (uestion)
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To: pnh102

I think there will be more, knowing how the Pubbies of the Senate operate in their ‘good ole boy club’.


14 posted on 05/10/2010 4:25:00 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: Salvation

Question. Can judges be impeached??


15 posted on 05/10/2010 4:25:19 PM PDT by screaminsunshine (S)
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To: Free ThinkerNY

btt


16 posted on 05/10/2010 4:25:29 PM PDT by opentalk
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To: Free ThinkerNY; Clintonfatigued; AuH2ORepublican; BillyBoy; fieldmarshaldj; GOPsterinMA

She an Obama feel differently about labor union endorsements I’m sure.

No word on whether she agrees with Obama that you should put away that distracting i-pod and pick up the NYTimes instead.


17 posted on 05/10/2010 4:26:02 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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To: Always Independent
That 1984 commercial about hillary definitely applies to bo now.

Bo and Luke too?

Or did you maybe mean something else that was obscured by laziness or illiteracy?

18 posted on 05/10/2010 4:27:30 PM PDT by humblegunner (Pablo is very wily)
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To: Free ThinkerNY

I think this is the one that might topple this nominee, but I wonder if even the conservative media will run with it


19 posted on 05/10/2010 4:29:32 PM PDT by GeronL (http://tyrannysentinel.blogspot.com)
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To: Free ThinkerNY
“censorship to control thought.”

Oboma just gave a graduation speech that endorsed censorship - of accurate news only. All left wing propaganda sites, papers, and channels are acceptable, though.

20 posted on 05/10/2010 4:39:39 PM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: Free ThinkerNY

Kagan’s nomination, and likely approval, is a testament to all the NITWIT conservatives out there who found that Romney wasn’t perfect enough, or that McCain wasn’t perfect enough.

Well, because they weren’t perfect enough, we got Obama. And now for 40 years or so, we’ll have Kagan.

Thank you, all you highly principled conservatives who thought that Romney wasn’t conservative enough. Or that McCain wasn’t conservative enough.

Is Obama conservative enough for you? How about Sotomayor? How about Kagan?

Elections have consequences.


21 posted on 05/10/2010 4:40:28 PM PDT by Eccl 10:2 (Pray for the peace of Jerusalem - Ps 122:6)
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To: Free ThinkerNY
This is in violation of the first amendment, but, what the heck do they care, it's purpose is to shut up Conservative's free speech, and you know dam well they are going to uphold leftist's free speech...

Isn't ACORN a corporation ? or is incorporated ?
22 posted on 05/10/2010 4:41:04 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: Free ThinkerNY

This is unlikely to end well.


23 posted on 05/10/2010 4:42:11 PM PDT by Paladin2
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To: pnh102

McCain, Rino-vich, Snowe, Collins and Graham?


24 posted on 05/10/2010 4:50:24 PM PDT by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: Free ThinkerNY

Commie Law 101: the Hatch act doesn’t apply to the WH, but it does apply to private companies.


25 posted on 05/10/2010 4:50:43 PM PDT by tumblindice (Bork Butch Kagan!)
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To: screaminsunshine
Yes, but they have to have a seat on the bench first. This slug has never been a judge.
26 posted on 05/10/2010 4:51:16 PM PDT by hinckley buzzard
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To: Free ThinkerNY

I agree with her that corporations are not people. I would support a ban on corporations engaging in politics.


27 posted on 05/10/2010 4:52:33 PM PDT by Cruising Speed
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To: Cruising Speed
You forgot the Sarcasm tag. /s
28 posted on 05/10/2010 4:56:13 PM PDT by Kickass Conservative (Obama, proving Hillary right that it takes a Village Idiot.)
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To: K-oneTexas

I don’t know. Normally I would agree with you about the “good ole boys, politics as usual RINO club”. But the licking Bob
Bennett just took in UT is still fresh. Odds are that she will be confirmed...but the stage is set for some interesting debate and procedural tactics.


29 posted on 05/10/2010 4:59:01 PM PDT by lovesdogs
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To: Free ThinkerNY

No wonder Zero nominated this woman.

On Sunday, Barry gave a speech where he rails against different points of view on the Internet and then on Monday he nominates a woman who thinks certain type of political speech can be banned.


30 posted on 05/10/2010 5:03:33 PM PDT by Ticonderoga34 (Free Obama's Birth Certificate!)
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To: Free ThinkerNY

Why is Obongo so freaked out about that SC ruling? He’s really worried about it.


31 posted on 05/10/2010 5:04:13 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
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To: Paladin2
This is unlikely to end well.

That should be the motto of the entire Obama administration.
32 posted on 05/10/2010 5:04:53 PM PDT by Ticonderoga34 (Free Obama's Birth Certificate!)
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To: Free ThinkerNY
citizens united

In the wake of the Supreme Court's ruling on Thursday, every American should be worried when the president of the United States starts threatening the highest court in the land.

Barack Obama’s Justice Department. During argument, the Obama administration’s lawyer, Solicitor General Elena Kagan, made extravagant claims about the extent to which government can censor its critics, outlawing books, movies, and other methods of informing the public.

link

33 posted on 05/10/2010 5:06:15 PM PDT by opentalk
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To: ridesthemiles

The vote to confirm will be at least 98-2 every Republican voting to confirm and maybe two Democrats desening if the past is ny judge of the future of confirming votes for Democrat appointees.

President Bush’s apointees had a different outcome.


34 posted on 05/10/2010 5:08:54 PM PDT by sport
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To: Free ThinkerNY

She will get her marching orders from the same source as the MSM traitors. It is just a living breathing constitution ya know.


35 posted on 05/10/2010 5:16:16 PM PDT by screaminsunshine (S)
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To: Free ThinkerNY

I recall the Pretender in Chief got all hissy and started lecuring the Supreme Court during the State of the Union. It was on the same issue that this woman argued before the Supreme Court. Bit of payback for ruling against his administration? Don’t rule against me! I’ll show you, I’m sending Kagan back to the court, this time as a justice.


36 posted on 05/10/2010 5:50:50 PM PDT by Pete from Shawnee Mission
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To: lovesdogs

We need a whole lot more of those to really change minds. Many are two-faced, one for the cameras and one to reach across the aisle.

Nothing would please me more than seeing backbone and total turn arounds in the Pubbies. But the Dems still have the votes regardless.

Unless some Dems are running scared, but I think they have given up for a last harrah.


37 posted on 05/10/2010 6:27:01 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: Free ThinkerNY

She did this the Solicitor General, no? That is not really damning IMO. She was just doing Obama’s bidding. That is going to be the response to any questions people have of her work during the last year or so.


38 posted on 05/10/2010 6:42:18 PM PDT by PghBaldy (Like the Ft Hood Killer, James Earl Ray was just stressed when he killed MLK Jr.)
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To: Dr. Sivana
This creepy woman is going to become the poster girl for this creepy administration. A person of this caliber cannot be allowed to ascend to that most important lifetime position.

What the Republicans (or, if not them, at least a coalition of decent minded men who fear, rightly, about the course this nation is taking) have to do is string this nomination out for as long as possible, and then flush it down the toilet where it belongs.

We need to buy time to get us to January, if we can.

CA....

39 posted on 05/10/2010 6:52:16 PM PDT by Chances Are (Whew! Seems I've found that silly grin again!)
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To: Eccl 10:2

That is a very tiresome argument that has nothing to do with the real world. I don’t know a single conservative who voted for Obama or who refused to vote for McCain for not being “conservative enough”, so you don’t need to preach.


40 posted on 05/10/2010 7:11:33 PM PDT by wildandcrazyrussian
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To: Free ThinkerNY

New tagline...


41 posted on 05/10/2010 8:03:14 PM PDT by EternalVigilance (Make full use of the First, so we aren't forced to exercise the tools of the Second.)
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To: wildandcrazyrussian

“That is a very tiresome argument that has nothing to do with the real world. I don’t know a single conservative who voted for Obama or who refused to vote for McCain for not being “conservative enough”, so you don’t need to preach.”

$$$$$$$$$$$$$$$$$$$$

It is a tiresome argument to those who are guilty of it.

There are plenty here on this board who vowed not to vote for McCain, much less do what they could to get him elected.

And there are more who hate Romney.


42 posted on 05/10/2010 8:12:29 PM PDT by Eccl 10:2 (Pray for the peace of Jerusalem - Ps 122:6)
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To: screaminsunshine
Question. Can judges be impeached??

US Constitution; Art 3, Sec 1
The judicial Power of the United States, shall be vested
in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall at stated
Times, receive for their Services, a Compensation, which
shall not be diminished during their Continuance in Office.
I guess it depends on the definition of Good Behavior.
43 posted on 05/10/2010 8:16:16 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Eccl 10:2

>Kagan’s nomination, and likely approval, is a testament to all the NITWIT conservatives out there who found that Romney wasn’t perfect enough, or that McCain wasn’t perfect enough.

John “Amnesty” McCain? *snort*

>Well, because they weren’t perfect enough, we got Obama. And now for 40 years or so, we’ll have Kagan.

You’re assuming the system won’t collapse soon.

>Thank you, all you highly principled conservatives who thought that Romney wasn’t conservative enough. Or that McCain wasn’t conservative enough.

You’re welcome / If we keep settling for ‘good enough’ how long before ‘good enough’ isn’t?

>Is Obama conservative enough for you? How about Sotomayor? How about Kagan?
>
>Elections have consequences.

Sure they do... but you’re assuming that we have fair and/or honest elections; I’m willing to bet money that Iraq’s elections are both more fair and more honest.


44 posted on 05/10/2010 8:21:53 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: screaminsunshine
Question. Can judges be impeached??

Impeachment is the only way to rid the country of a federal judge.

The most notable recent case is Alcee Hastings, a federal district judge in Florida. He was impeached and convicted of accepting a bribe in 1988.

Alas, the miscreant was then elected to Congress in 1992 -- where he remains to this day.

45 posted on 05/10/2010 8:23:05 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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Comment #46 Removed by Moderator

To: OneWingedShark
Well, because they weren’t perfect enough, we got Obama. And now for 40 years or so, we’ll have Kagan.

Our Freepers our great but short-sighted sometimes. This will change our course forever.

47 posted on 05/10/2010 8:25:21 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: OneWingedShark

Your “bumper sticker, sound bite” answers are all disjointed, with no central core of related reasonability. There’s no theme, other than hatred and ignorance.


48 posted on 05/10/2010 8:25:23 PM PDT by Eccl 10:2 (Pray for the peace of Jerusalem - Ps 122:6)
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To: Eccl 10:2; wildandcrazyrussian

>And there are more who hate Romney.

If I were forced to vote, right now, for ONLY either Obama or Romney I would vote for Obama. The reasons are fairly simple, he is running out of “good graces” with the people, which would be restored somewhat for a change in President; also to consider is that Obama *IS* uniting people.


49 posted on 05/10/2010 8:29:18 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Eccl 10:2

>Your “bumper sticker, sound bite” answers are all disjointed, with no central core of related reasonability. There’s no theme, other than hatred and ignorance.

Because your spiel is so full of holes, intellectually speaking, it’s hard for me to pick just one avenue of approach.


50 posted on 05/10/2010 8:31:57 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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