Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Kagan: Some speech can be 'disappeared'
wnd ^ | 5/10/10 | Aaron Klein

Posted on 05/10/2010 6:20:29 PM PDT by Nachum

NEW YORK – President Obama's nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote "racial or gender inequality" could be "disappeared."

In her few academic papers, Kagan evidences strong beliefs for court intervention in speech, going so far as to posit First Amendment speech should be weighed against "societal costs.”

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


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: authoritarianism; disappeared; donttreadonme; fairnessdoctrine; fcc; gaygan; homosexualagenda; kagan; kagantruthfile; liberalfascism; localism; netneutrality; scotus; socialism; speech; totalitarianism
Navigation: use the links below to view more comments.
first 1-5051-100101-144 next last
Hey, that's a nice constitution ya got there...
1 posted on 05/10/2010 6:20:29 PM PDT by Nachum
[ Post Reply | Private Reply | View Replies]

To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, ping


2 posted on 05/10/2010 6:21:49 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

>>Hey, that’s a nice constitution ya got there... <<

Yep — gotta go to the can and I need something to wipe with /kagan


3 posted on 05/10/2010 6:23:30 PM PDT by freedumb2003 (The frog who rides on a scorpion should not be surprised when he last hears "it is my nature.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

YEAH....the “Constitution” can be “disappeared” in her and Obomba’s world....


4 posted on 05/10/2010 6:23:39 PM PDT by goodnesswins (Destroy AMERICA.....Vote DEMOCRAT)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

“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.”

So, what’s new?


5 posted on 05/10/2010 6:24:33 PM PDT by jessduntno (Kagan...Filly-bust-her. Bork her. Bork her hard. She needs it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

I have a friend who somehow escaped even though being on “The List” in Argentina. Why he never became one of los desaparecidos I will never know.


6 posted on 05/10/2010 6:25:44 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spirito Sancto.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Kagan's academic writings are sparse – just nine articles, two of which are book reviews.

And yet she was Dean of Harvard Law School...

7 posted on 05/10/2010 6:25:52 PM PDT by LibFreeOrDie (Obama promised a gold mine, but will give us the shaft.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

She, ruth buzzie, and the wise latina will make quite the trio of old stooged maids. Our judicial system is one big joke.


8 posted on 05/10/2010 6:26:57 PM PDT by VRWC For Truth (Throw the bums out who vote yes on the bail out)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Utterly unqualified Fat Pig Lesbian Kagan has major problems with that Bill of Rights thing, I see.

Obama’s new litmus test is hatred of Free Speech.


9 posted on 05/10/2010 6:27:03 PM PDT by FormerACLUmember ("Subtlety is not going to win this fight": NJ Governor Chris Christie)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Yeah; consistent with "societal costs", like the crap they put out on Hate Crimes, "offensive to some minorities", etc., etc., and have drummed into mushy young heads about "victimhood" being a way of escaping responsibility for deviant behavior (such as herself, who cannot be morally sexually adjusted, and is a sex deviate, and expects special recognition of sexual behaviour in Law to "protect" the rights of individuals to screw goats if they want to).

Just what we need on the SCOTUS; someone intent of CORRECTING the short-comings they THINK are in the U.S. Constitution.

When the Court is finally packed to the top with these goofballs, we are screwed, and there's no place to go for relief except via musketry.

10 posted on 05/10/2010 6:27:14 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Countries that disappear speech, disappear people.


11 posted on 05/10/2010 6:27:25 PM PDT by Tijeras_Slim (Live jubtabulously!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Her radicalism will slowly come out over the next few days. Rush was right today( as every other). She IS Barack Obama and Obama wouldn’t have picked her if she wasn’t. What Obama needed was an extreme radical without a paper trail to prove , and she is it.


12 posted on 05/10/2010 6:29:05 PM PDT by libh8er
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Where they burn books they burn people.

Where they “disappear” forms of speech they “disappear” people.

The woman is a Stalinist totalitarian, just like the guy who appointed her.


13 posted on 05/10/2010 6:29:07 PM PDT by Nahanni
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
President Obama's nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote "racial or gender inequality" could be "disappeared," ...going so far as to posit First Amendment speech should be weighed against "societal costs.”

Of all the frightening things a government functionary can possibly ever say, "disappeared for societal costs" has got to up around number one.


14 posted on 05/10/2010 6:32:29 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibFreeOrDie
Kagan's academic writings are sparse – just nine articles, two of which are book reviews. And yet she was Dean of Harvard Law School...

It's the Democrat way. Obama proved that one can win an election with NO RECORD. So they don't have to screen for bad records or too much experience, just find somebody that has never done anything.

Viola!

15 posted on 05/10/2010 6:32:35 PM PDT by VeniVidiVici (Everyone needs valid ID except illegal aliens and the President - only in America)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Nachum

Doesn’t matter, you already have Republicans talking about how great she is. She will get in because she is a member of a protected group and Republicans don’t have the guts to touch her.


16 posted on 05/10/2010 6:34:12 PM PDT by SQUID
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tijeras_Slim

So true.


17 posted on 05/10/2010 6:37:18 PM PDT by anniegetyourgun
[ Post Reply | Private Reply | To 11 | View Replies]

To: Nachum

Wow. Just...wow.

Ebert, if you’re still wondering if the TPers can figure out why they wouldn’t want Elena Kagan on the Supreme Court, there’s your Exhibit A right there.


18 posted on 05/10/2010 6:37:32 PM PDT by RichInOC (No! BAD Rich! (What'd I say?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

There is no justice in the land.


19 posted on 05/10/2010 6:37:35 PM PDT by anniegetyourgun
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Cool...Judicial Inquisition means that the reeducation camps will be full in short order because society is always impacted by free thinking and the resulting speech and writings.
20 posted on 05/10/2010 6:40:24 PM PDT by crazyhorse691 (Now that the libs are in power dissent is not only unpatriotic, but, it is also racist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibFreeOrDie
Kagan's academic writings are sparse – just nine articles, two of which are book reviews.

Perhaps some of her academic writings have been "disappeared"?

21 posted on 05/10/2010 6:40:32 PM PDT by the_Watchman
[ Post Reply | Private Reply | To 7 | View Replies]

To: SQUID
she is a member of a protected group

What group is that ?

22 posted on 05/10/2010 6:41:58 PM PDT by libh8er
[ Post Reply | Private Reply | To 16 | View Replies]

To: Nachum
Kagan is a political hack! The problem with the SCOTUS is that the left are politicizing it by nominating people who are promoting political agendas rather than applying the Constitution.

Kagan and anyone like Kagan must be filibustered.
23 posted on 05/10/2010 6:43:42 PM PDT by etradervic (It's the People's Seat ! http://www.toomeyforsenate.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: libh8er; SQUID

> > she is a member of a protected group

> What group is that ?

Carpetophagic-American.


24 posted on 05/10/2010 6:45:56 PM PDT by Slings and Arrows (Just another day in Oceania.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Nachum
The Elana Kagan confirmation hearings this summer will be interesting. The November election is drawing closer, RINO conservatives up for re-election are nervous, ‘rats up for re-election are really nervous ... confirming this candidate for the Supreme Court will be very dicey indeed.
25 posted on 05/10/2010 6:46:44 PM PDT by BluH2o
[ Post Reply | Private Reply | To 1 | View Replies]

To: the_Watchman

No doubt with this gang.


26 posted on 05/10/2010 6:49:33 PM PDT by RushIsMyTeddyBear (I don't have a 'Cousin Pookie'.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: LibFreeOrDie

Affirmative action appointee for the affirmative action President.

The qualified need not apply.


27 posted on 05/10/2010 6:52:13 PM PDT by incredulous joe
[ Post Reply | Private Reply | To 7 | View Replies]

To: Nachum
As she proceeds to kill the Constitution and the English language.
28 posted on 05/10/2010 6:52:41 PM PDT by bmwcyle (Thank You God for Freeing the Navy Seals)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum; Irisshlass; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.

29 posted on 05/10/2010 6:53:18 PM PDT by narses ( 'Prefer nothing to the love of Christ.')
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
America is going to get sucker punched by Obama. Kagan is far too radical and has no experience as a judge. Obama will offer up a different LEFTIST non-Constitutionalist as a "middle of the road" alternative.


30 posted on 05/10/2010 6:53:34 PM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Packing the court with radicals to get around the Constitution...I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.


31 posted on 05/10/2010 6:54:31 PM PDT by Trod Upon (Obama: Making the Carter malaise look good. Misery Index in 3...2...1)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

argued certain forms of speech that promote “racial or gender inequality” could be “disappeared.”

INCOMPETEMT TO SERVE

BORK HER


32 posted on 05/10/2010 6:56:37 PM PDT by A_Former_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

certain forms of speech that promote “racial or gender inequality”

Safe bet that what consitutes such forms is a rather fast and loose definition.


33 posted on 05/10/2010 6:57:51 PM PDT by Fred Hayek (From this point forward the Democrat Party will be referred to as the Communist Party)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum; NFHale; genetic homophobe; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; ...
RE :”NEW YORK – President Obama’s nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote “racial or gender inequality” could be “disappeared.” In her few academic papers, Kagan evidences strong beliefs for court intervention in speech, going so far as to posit First Amendment speech should be weighed against “societal costs.” 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.” Read the stunning report on how the unthinkable – America's demise as a constitutional Republic – may already be on the horizon! 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.

This is much different than I have always thought of the 1st amendment(being a white hetrosexual male). But this is the way many or most college campuses view freedom of speech. Looks like a good one for Republicans to bring up on TV and the hearing. I imagine Obama would like her views on campaign finance reform too.

34 posted on 05/10/2010 6:59:37 PM PDT by sickoflibs ( "It's not the taxes, the redistribution is the federal spending=tax delayed")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tijeras_Slim
Countries that disappear speech, disappear people.

DING DING DING !!! WE HAVE A WINNER !!!

(Those who ignore history are doomed to repeat it)

35 posted on 05/10/2010 7:00:32 PM PDT by Hoodat (For the weapons of our warfare are mighty in God for pulling down strongholds.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Nachum

“can be disappeared”? Who will write her opinions - a 5th grader?


36 posted on 05/10/2010 7:01:27 PM PDT by keepitreal ( Don't tread on me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
Photobucket
37 posted on 05/10/2010 7:01:52 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Trod Upon
I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.

There is no way in hades any American should allow a person with this attitude to attain a position on a U.S. court in any capacity.

The line is being drawn.

38 posted on 05/10/2010 7:02:06 PM PDT by sirchtruth (Freedom is not free)
[ Post Reply | Private Reply | To 31 | View Replies]

To: Trod Upon

I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.
_________________
Yep, it’s coming, not a doubt in my mind. It may not be in our lifetime, but it’s inevitable.


39 posted on 05/10/2010 7:04:19 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
[ Post Reply | Private Reply | To 31 | View Replies]

To: SQUID

What Repubs?


40 posted on 05/10/2010 7:07:39 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
[ Post Reply | Private Reply | To 16 | View Replies]

To: LibFreeOrDie

..and our American President graduated from Harvard Law School...but there are no records. Do you figure Bammy owes her one or what??


41 posted on 05/10/2010 7:09:28 PM PDT by browniexyz
[ Post Reply | Private Reply | To 7 | View Replies]

To: incredulous joe

The sexually normal need not apply.


42 posted on 05/10/2010 7:09:34 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Nahanni

The Empress doesn’t have any clothes!!


43 posted on 05/10/2010 7:09:58 PM PDT by browniexyz
[ Post Reply | Private Reply | To 13 | View Replies]

To: pyx

Who should also be filibustered until after the Nov. elections.


44 posted on 05/10/2010 7:10:34 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
[ Post Reply | Private Reply | To 30 | View Replies]

To: mojitojoe

Only not in our lifetimes if we’re all 95 years old. Any mabye then, still.


45 posted on 05/10/2010 7:12:16 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
[ Post Reply | Private Reply | To 39 | View Replies]

To: Nachum; ExTexasRedhead; Seadog Bytes; Lady Jag; devolve

46 posted on 05/10/2010 7:14:26 PM PDT by PhilDragoo (Hussein: Islamo-Commie from Kenya)
[ Post Reply | Private Reply | To 2 | View Replies]

To: little jeremiah
Who should also be filibustered until after the Nov. elections.

My guess would be anyone recommended by Obama.


47 posted on 05/10/2010 7:14:40 PM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: VRWC For Truth
Can you imagine the shrill screeching from those three? There is nothing worse in this world than a rabid, radical, screeching militant feminist...nothing!
48 posted on 05/10/2010 7:18:11 PM PDT by Outlaw Woman (Control the American people? Herding cats would be easier.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Nachum

So Kagan says she is a fascist. No surprise - that’s 0bama’s crowd.


49 posted on 05/10/2010 7:19:46 PM PDT by Post Toasties
[ Post Reply | Private Reply | To 1 | View Replies]

To: narses
President Obama's nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote "racial or gender inequality" could be "disappeared."

Down the "memory hole" à la 1984.

50 posted on 05/10/2010 7:21:37 PM PDT by Lorica
[ Post Reply | Private Reply | To 29 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-100101-144 next last

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
News/Activism
Topics · Post Article

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