Posted on 05/12/2010 6:59:24 AM PDT by reaganrevolutionin2010
Supreme Court nominee Elena Kagan said the high court should be focused on ferreting out improper governmental motives when deciding First Amendment cases, arguing that the government’s reasons for restricting free speech were what mattered most and not necessarily the effect of those restrictions on speech.
Kagan, the solicitor general of the United States under President Obama, expressed that idea in her 1996 article in the University of Chicago Law Review entitled, “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine.”
In her article, Kagan said that examination of the motives of government is the proper approach for the Supreme Court when looking at whether a law violates the First Amendment. While not denying that other concerns, such as the impact of a law, can be taken into account, Kagan argued that governmental motive is “the most important” factor.
(Excerpt) Read more at cnsnews.com ...
Interesting that SCOTUS appointees don’t actually swear to uphold and protect the constitution:
“I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.”
The fact that this criminal she-man is solicitor general of The United States is shocking and a symptom of a very sick government.
If the US Constitution is only as durable as each power addicted career politician wants it to be it may as well be written on Play-doh.
We are in a constitutional crisis with only the cowardly republicans to act on behalf of the people. Translation: We are losing what little liberty we have left.
Thanks for pointing that out. I will have it highlighted in future postings.
Read the article. It is ridiculous that this is angering conservatives and is top news on Drudge. She is arguing AGAINST any sort of fairness doctrine or government regulation of speech and I think even against the McCain campaign finance laws. She said government can’t be the judge of political speech and points out that seemingly fair laws regarding campaign finance are impossible for government to apply fairly, and that only when the public’s safety is concerned can their be regulation of speech.
And of course “SHE” and the rest of the far left will decide which MOTIVES are proper!!!! Well at least she follows a LOOOONG line of like-minded folks...Adolph Hitler, Joe Stalin, Fidel Castro, a whole GANG of kings......
Ironically, that was the exact position of the late William O. Douglas, one of the 60's and 70's premiere liberals on the high court.
Of course, that type of old-line liberalism no longer exists, and as the hard left has increased it's hold on America, it screws the Middle, the average American, in a manner increasingly and openly brazen, filled with a hatred and persistent sneers for all things that made America, America.
They deconstruct the edifices, political as well as societal, of our forebears, with the singular aim of destroying the underlying society which these edifices built. But none of these "changes" can be considered permanent unless and until they take the guns away.
They have not the testicular fortitude to attempt that right now, but it's coming, and that moment may well prove to be the tipping point.
While they are using this time to destroy, we in turn must use the time to educate those who have not had the good fortune of learning, of knowing, what America truly is, and what it's proper birthright is. This is important, and every opportunity that presents itself for such enlightening should really be seized and exploited.
Truly, this episode in history can only have one outcome - destruction. Theirs or ours. The Left feels very confidant that we are in the end game for the destruction and dissolution of the capitalist American state as it has been known, but they are experiencing more - much more - resistance to their efforts and ideas than they had anticipated, or hoped for. This is a source of strength for us, and gives us great hope for tomorrow.
Of course, massive civil disobedience, by refusing to acknowledge and follow laws and edicts Americans know are not in their best interests, nor in the interests of the country at large, could obviate the gun-grabbing scenario. Or rapidly bring it to the fore (which would not necessarily be a bad thing!).
In any event, your comment is correct, and the time approaches when the the misnamed movement called "progressivism" is permenently relegated to the status of an obscure historical footnote, and the proper people, with the proper credentials, and the proper outlook on such things, should be installed in public offices and positions of power and influence to once again set right the bold and glorious experiment that is American liberty.
There is no other way, for this...is....America!
CA....
Only if said President is a Conservative/Republican that actually works in the interests of the hoi polloi.
CA....
Is this lunatic going to be a new Supreme Court justice?
Cutting through her B.S. — Kagan wants the government to stop speech that “harms”. She’s very frustrated with the way the courts have ruled in the past and wants more government control over speech.
Just as troubling, she and Obama are two peas in a pod [note she wanted to make him a career professor]. I can say that with confidence because Obama has been ranting about too much free speech with modern communication methods.
If we lose our free speech, how will we know how to vote? This is a clear defining line between right and left. And note that republican bluebloods are allies of the left. True conservatives never get along with bluebloods like McCain [he only won the 08 primary due to crossover votes].
The left wants to suppress information. The right wants to inform. The left mistrusts how we might vote. The left seeks foreign voters who are uninformed. The left wants to dope up our brains so we can’t think coherently. The left wants to dumb down the schools and indoctrinate school kids. Why? For control.
The left always seeks to divide us — by race, by class warfare, by undermining unifying religious beliefes, by enviornmental fearmongering which the left’s leaders never truly give a fig about.
The way I look at it, the difference is crystal clear. One side is for freedom to communicate, to decide how your kids are educated. Freedom. The other side is always seeking to enslave us. America is waking up.
Perhaps a descendant..
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