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Scalia, Shockingly, Hates Hearing Rock Music in Public
New York Magazine ^ | Joe Coscarelli

Posted on 06/16/2014 12:03:52 PM PDT by nickcarraway

U.S. Supreme Court Justice Antonin Scalia takes part in an interview with Chris Wallace on "FOX News Sunday" at the FOX News D.C. Bureau on July 27, 2012 in Washington, DC.

Although the Supreme Court declined today to hear a case about religious freedom, it reminded Justice Antonin Scalia, who dissented, about his feelings regarding music and joy and community. Religion, some people believe, "is a personal matter," he wrote. "[I]f it must be given external manifestation, that should not occur in public places where others may be offended." Just like that dreadful rock and roll:

I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky. And I too am especially annoyed when the intrusion upon my inner peace occurs while I am part of a captive audience, as on a municipal bus or in the waiting room of a public agency.

My own aversion cannot be imposed by law because of the First Amendment.

His inner peace would be absolutely shattered if he ever had to ride the subway during "Showtime!" But it's not just rock music — Scalia hates public displays of Stravinsky, too. Anything beautiful or fun, really.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Politics/Elections
KEYWORDS: religiousfreedom; scalia; supremecourt

1 posted on 06/16/2014 12:03:52 PM PDT by nickcarraway
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To: nickcarraway

To be honest, I liked it better in the days that you knew NOTHING about the Supremes at all and only saw them once a year at the State of the Union but absolutely never again for the rest of the year. You hear decisions and that was it. All this fluffy nonsense is ridiculous. I do not care that Scalia and Ginsburg are bosom buddies and get a long great and even vacation together with their respective families. Should not even be known. Just do the cases and that is it.


2 posted on 06/16/2014 12:08:10 PM PDT by napscoordinator (Governor Scott Walker 2016 for the future of the country!)
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To: nickcarraway

He makes a good point. He demonstrates the folly of doing away with the second amendment. The moment we do, there will be an explosion of laws based on personal preferences.


3 posted on 06/16/2014 12:11:56 PM PDT by DannyTN
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To: nickcarraway

I feel the same way about rap. It really is idiotic


4 posted on 06/16/2014 12:12:09 PM PDT by PGR88
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Can’t blame a thinking man for being annoyed by unsolicited revelry.


5 posted on 06/16/2014 12:13:22 PM PDT by Gene Eric (Don't be a statist!)
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To: nickcarraway
Although the Supreme Court declined today to hear a case about religious freedom, it reminded Justice Antonin Scalia, who dissented, about his feelings regarding music and joy and community. Religion, some people believe, "is a personal matter," he wrote. "[I]f it must be given external manifestation, that should not occur in public places where others may be offended." Just like that dreadful rock and roll...

So much for the freedom of religion under Scalia.

6 posted on 06/16/2014 12:14:38 PM PDT by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: napscoordinator

I think he was making a legal point. He may not have even meant the music part literally.


7 posted on 06/16/2014 12:15:06 PM PDT by nickcarraway
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To: nickcarraway

Smug reporter, shockingly, misses the point.


8 posted on 06/16/2014 12:15:19 PM PDT by chrisser (Senseless legislation does nothing to solve senseless violence.)
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To: nickcarraway

That’s OK, I hate the sight of the words “New York” anywhere I see them.


9 posted on 06/16/2014 12:18:36 PM PDT by doorgunner69
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To: Alex Murphy

Comment taken out of context. Scalia’s opinion is more or less the direct opposite. Here are some paragraphs from the opinion that put into context.

Some there are—many, perhaps—who are offended by public displays of religion. Religion, they believe, is a personal matter; if it must be given external manifestation, that should not occur in public places where others may be offended. I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky.

My own aversion cannot be imposed by law because of the First Amendment. See Ward v. Rock Against Racism, 491 U. S. 781, 790 (1989); Erznoznik v. Jacksonville, 422 U. S. 205, 210–211 (1975). Certain of this Court’s cases, however, have allowed the aversion to religious displays tobe enforced directly through the First Amendment, at least in public facilities and with respect to public ceremonies—this despite the fact that the First Amendment explicitly favors religion and is, so to speak, agnostic about music.

It is perhaps the job of school officials to prevent hurt feelings at school events. But that is decidedly not the job of the Constitution. It may well be, as then-Chief JudgeEasterbrook suggested, that the decision of the Elmbrook School District to hold graduations under a Latin crossin a Christian church was “unwise” and “offensive.” 687 F. 3d, at 869 (dissenting opinion). But Town of Greece makes manifest that an establishment of religion it was not.


10 posted on 06/16/2014 12:20:11 PM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: nickcarraway; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

11 posted on 06/16/2014 12:28:11 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: nickcarraway

I wholeheartedly agree with Scalia’s point. If I cannot express my religion in public because it offends, then neither can anyone else offend me. If a cross in public is banned then gay pride parades and rock music on subways must also be banned if they upset my sensibilities.


12 posted on 06/16/2014 12:31:52 PM PDT by weston (As far as I'm concerned, it's Christ or nothing!)
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To: Sherman Logan
Comment taken out of context. Scalia’s opinion is more or less the direct opposite. Here are some paragraphs from the opinion that put into context.

Much appreciate the correction, Sherman.

13 posted on 06/16/2014 12:43:10 PM PDT by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: Gene Eric

It doesn’t matter if the neighbors are playing rap or Mozart.

If I can hear it — it’s too loud.


14 posted on 06/16/2014 12:48:13 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: BenLurkin

I can tolerate neighborhood music, but I’d rather not be forced to hear it especially when it’s neither classical nor rock.


15 posted on 06/16/2014 1:01:17 PM PDT by Gene Eric (Don't be a statist!)
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To: nickcarraway

My choice of restaurants is sometimes based on the music I know they ay be playing. I have also left stores when the music was either too loud or offensive.
The thing I appreciate most about Amish businesses: no music at all! I have learned to savor the silence when I drive by leaving the radio off.


16 posted on 06/16/2014 1:28:47 PM PDT by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
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To: napscoordinator

There’s no money in anonymity.


17 posted on 06/16/2014 1:31:12 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: nickcarraway

As the good doctor in “MASH” would say, “Shhhh!. Mozart!”


18 posted on 06/16/2014 1:57:45 PM PDT by MadMax, the Grinning Reaper
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