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Supreme Court Justice Breyer Open to Banning Koran Burning
Tuesday, September 14, 2010 | Kristinn

Posted on 09/14/2010 6:19:55 AM PDT by kristinn

U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.

The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.

Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:

But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Breyer is promoting his new book, Making Our Democracy Work.

Breyer was appointed to the Supreme Court in 1994 by President Bill Clinton.


TOPICS: Breaking News; Foreign Affairs; Front Page News; News/Current Events; War on Terror
KEYWORDS: 1stamendment; abcdisneynews; achillwind; aclu; aclumia; activistcourts; activistjudge; antiamericanism; antichristian; blackrobedtyrants; blasphemy; bookburning; boycottdisney; breyer; breyerdecision; censorship; churchandstate; clintonista; clintonlegacy; constitution; cordobahouse; deathofthewest; democrats; democratscandals; dhimmi; donttreadonme; doublestandard; establishmentclause; fail; firstamendment; flagburning; freespeech; groundzeromosque; islam; islamicsupremacists; judicialtyranny; justicebreyer; koran; koranburning; liberalfascism; liberalprogressivism; lifeamongthekufir; lping; moralabsolutes; mosqueandstate; progressives; proislamist; rapeofliberty; scotus; sharialaw; stephanopoulos; stephenbreyer; stephengbreyer; stupid; thegodsinblackrobes; tyranny; unamerican; unconstitutional; victorymosque; waronterror; whywefight
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To: B Knotts

Desecrating a Christian symbol by putting a crucifix in a jar of urine is protected speech, yet desecrating an Islamic symbol is not?

Either both get equal protection under the law or it is simply religious tyranny by the liberal elites.


141 posted on 09/14/2010 7:14:22 AM PDT by WaterBoard
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To: WaterBoard

Our elite rulers are nothing if not cowards.

If they feared us, they would not be able to do even a fraction of the nonsense they currently get away with.


142 posted on 09/14/2010 7:16:12 AM PDT by B Knotts (Just another Tenther)
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To: jboot

Is it too much to ask for a little consistancy?


They are consistent - both flag burning and prohibiting koran burning are constistent with their desire to destroy Western civilization.
See the D’Souza article on 0bama as an anti-colonialist, and you’ll see their mindset.


143 posted on 09/14/2010 7:18:25 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: B Knotts

n 1999, the city-funded Brooklyn Museum of Art came under fire when it exhibited a Chris Ofili painting of the Virgin Mary that featured sexually explicit cutouts covered with elephant dung. The Catholic Church, as well as New York City Mayor Rudolph Giuliani, were outraged. Giuliani denounced the exhibit as morally offensive and threatened to cut off funding to the museum and terminate its lease if it did not cancel the exhibit that included Ofili’s painting. The city followed through and withheld the museum’s rent payment for October and filed a state lawsuit to get the lease revoked.

As a countermeasure, the museum filed a suit in federal court against the city claiming violations of the first ammendment, and seeking a permanent injunction against the city to keep it from withholding funds. U.S. District Judge Nina Gershon, sided with the museum, and granted them a preliminary injunction. The city was also ordered to resume the museum’s funding, and to stop any eviction proceedings.


144 posted on 09/14/2010 7:18:33 AM PDT by WaterBoard
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To: kristinn

Apparently, if we start killing random people every time someone burns a flag, we can get the Supreme Court to ban flag-burning.

Thanks, Souter, for telling our enemies that if they kill us when we do things they don’t like, you will allow the government to ban those things.

Hmmm. If more abortion doctors are killed, will he vote to support a ban on abortion? See how absurd his argument is?


145 posted on 09/14/2010 7:18:49 AM PDT by CharlesWayneCT
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To: knarf

Is it OK to shout “theater!” in a crowded fire house?

Back in college they were having an opening ceremony at a new firehouse and I actually almost did this to see if anyone understood.


146 posted on 09/14/2010 7:19:04 AM PDT by RadiationRomeo (Step into my mind and glimpse the madness that is me)
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To: indylindy

*Is the government going to enter every house and see who has a Koran? Are they going to check every bonfire or fireplace?*

Don’t burn, don’t tell?


147 posted on 09/14/2010 7:19:18 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: kristinn

This guy doesn’t make sense.


148 posted on 09/14/2010 7:19:28 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: kristinn
I thought the job of a SC judge was to interpret the law, NOT MAKE LAW!

Guess I was wrong!

149 posted on 09/14/2010 7:19:47 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: kristinn
Breyer's analogy of "screaming 'fire' in a crowded theater" is not appropriate. Burning of the koran is not something that would result in people panicing to get to an exit in an emergency situation.

The first amendment to the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

It seems to me that Breyer's position on this issue fails on multiple counts:

1) can't respect an establishment of religion
2) can't abridge the freedom of speech
3) Anyone who reacts to a burning or desecration of the koran is not the same as someone in a theater who panics because they think a fire is there. With a fire, you feel in danger of your life. To see someone burn a koran does not cause anyone to panic from an uncontrollable catastrophe such as a fire.

The analogy fails, and to apply that analogy is but another extension of the meaning beyond its intent.

Either few are learning to apply logic anymore, or they only try to twist that logic to make language mean something that it doesn't.

150 posted on 09/14/2010 7:20:46 AM PDT by Real Cynic No More (The mighty zero, obama,does not warrant the respect necessary for his name to be capitalized.)
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To: kristinn; FrogMom; GoCards; I cannot think of a name; Interesting Times; drdirt333; Biggirl; ...
Jones, as far as I can see, is a bit of a flake. He's not really the sort of fellow I would follow - but he has performed a valuable service. He got ...a Supreme Court justice admitting that he really doesn't care about the First Amendment.

Indeed. But you know, I suspect many of the guys at the Alamo for example had to be a little nutty, too.

151 posted on 09/14/2010 7:20:49 AM PDT by sam_paine (X .................................)
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To: kristinn

Any other constitutional amendments he wants to do away with while he’s at it?


152 posted on 09/14/2010 7:21:06 AM PDT by Non-Sequitur
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To: sam_paine

Jones has shamed others into standing up to the bully, though.

Both bullies, actually - the leftists in general, and the Islamists in particular.


153 posted on 09/14/2010 7:22:17 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: kristinn

So if I threaten to become violent and go on a killing spree when a liberal burns the American flag, are we going to ban flag burning?

Is the right to free speech and freedom of expression dependent upon whether or not a group of people becomes angry enough to respond violently?

What if burning a koran is a legitimate tenet of my religion? Don’t I have the right to practice my religion even if it makes others angry?

This proposal to ban koran burning is ignorant!


154 posted on 09/14/2010 7:22:30 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: muawiyah
It's not the shouting of fire in a crowded theater that is the risky act ~ it's the shouting of fire WHEN THERE IS NO FIRE in a crowded theater.

Precisely. Please take this moron's job.

155 posted on 09/14/2010 7:23:46 AM PDT by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: kristinn
what defines a Koran?

If I write down a passage of the Koran and then highlight and delete it... have I destroyed a Koran?

If my 1st grader uses her colors to write Koran on a piece of paper that I later throw away... Have I desecrated a Koran?

If I post a picture of a Koran on a website, with flames licking at it... have I burned a Koran?

If a Jew who runs a publishing company prints Korans... Does that make the Koran tainted... and if their is a typo and he discards all the printings in the trash... has he committed a hate crime?

This is nuts.

156 posted on 09/14/2010 7:23:54 AM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: Real Cynic No More
Breyer's analogy of "screaming 'fire' in a crowded theater" is not appropriate.....

Excellent comment. Thanks.

157 posted on 09/14/2010 7:23:58 AM PDT by LuvFreeRepublic (Support our military or leave. I will help you pack BO!)
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To: kristinn

This person is unfit for such a duty, what a shame we have such dumb people in powerful positions.


158 posted on 09/14/2010 7:24:01 AM PDT by Scythian
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To: Interesting Times
"If threats of violence trump free speech, there is none."

Well, the upside is that he's comparing the danger that is "Islam", to a raging inferno inside a confined space. He's right about that, although I'm sure that's not what he meant.

159 posted on 09/14/2010 7:24:46 AM PDT by OldDeckHand
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To: kristinn

Perhaps, but then they would have to find someone with standing to file an injunction.


160 posted on 09/14/2010 7:27:13 AM PDT by La Lydia
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