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

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-50 ... 101-150151-200201-250 ... 301-348 next last
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 .................................)
[ Post Reply | Private Reply | To 45 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 151 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 16 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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!)
[ Post Reply | Private Reply | To 150 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 5 | View Replies]

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
[ Post Reply | Private Reply | To 124 | View Replies]

To: ExSoldier
they don't realize is the deadliest weapon is between the ears.

great point ExSoldier...so far, the intellectual 'safety' has been engaged...

tyrant wannabes keep talkin like this, they are removing the effective controls we have for self preservation...

161 posted on 09/14/2010 7:28:16 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
[ Post Reply | Private Reply | To 72 | View Replies]

To: Sir Francis Dashwood

That is such a cute looking kid...except for the expression of hate/determination and his jihad outfit.


162 posted on 09/14/2010 7:31:37 AM PDT by RummyChick
[ Post Reply | Private Reply | To 101 | View Replies]

To: MrB

Well, that’s so. But Dhimmitude is not going to sit well with Joe Sixpack or even with Jane Sixpack, the Obama-voting starry-eyed soccer mom.


163 posted on 09/14/2010 7:32:05 AM PDT by jboot (Let Christ be true and every man a liar.)
[ Post Reply | Private Reply | To 143 | View Replies]

To: sam_paine
As far as crazy guys making history, hard to hold a candle to John Brown's raid on Harpers Ferry.

“One man walking with God can change the world.” John Brown

164 posted on 09/14/2010 7:32:22 AM PDT by allmendream (Income is EARNED not distributed. So how could it be re-distributed?)
[ Post Reply | Private Reply | To 151 | View Replies]

To: knarf
"Besides ... You CAN shout “fire” in a crowded theater"

But can you shout "movie" in a crowded firehouse?

165 posted on 09/14/2010 7:33:26 AM PDT by lunarville (Common sense ain't so common anymore...)
[ Post Reply | Private Reply | To 56 | View Replies]

To: sam_paine
Regarding this case, it has become almost obligatory for those defending first amendment rights to state that Jones is a nut job and that he shouldn't burn the Koran because it is a provocation. This demonstrates how conditioned many have become to being politically correct even when defending our basic civil rights.

It really shouldn't matter if we support his action or not. It is irrelevant in terms of the principle involved. Justice Breyer is what is wrong with this country and our judicial system. They want to impose their views on us regardless of what the Constitution says.

166 posted on 09/14/2010 7:34:03 AM PDT by kabar
[ Post Reply | Private Reply | To 151 | View Replies]

To: WaterBoard

Yes. We threaten to cut off funding.

They threaten to cut off heads.

They get their way; we don’t.


167 posted on 09/14/2010 7:34:25 AM PDT by B Knotts (Just another Tenther)
[ Post Reply | Private Reply | To 144 | View Replies]

To: kristinn
So are we allowed to burn Justice Breyer's new book, "Making Democracy Work"?

Here's an interesting review from the WSJ, In New Book, Justice Breyer Takes it Straight to Justice Scalia. From the article,

.....Judging from this NPR story, the book is less an explanation of Breyer’s thought about judging than it is a rather full-throated attack on “originalism,” the constitutional theory most famously espoused by Justice Antonin Scalia........
168 posted on 09/14/2010 7:35:28 AM PDT by Girlene
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan
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?

It appears that the answer to that question is "yes."

169 posted on 09/14/2010 7:35:36 AM PDT by B Knotts (Just another Tenther)
[ Post Reply | Private Reply | To 154 | View Replies]

To: sam_paine
I suspect many of the guys at the Alamo for example had to be a little nutty, too.

yes, indeed, outnumbered, and no chance

I would bet a Sam Houston is in the wings.

can I type that?

170 posted on 09/14/2010 7:37:41 AM PDT by no-to-illegals (Please God, Bless and Protect Our Men and Women in Uniform)
[ Post Reply | Private Reply | To 151 | View Replies]

To: Girlene
So are we allowed to burn Justice Breyer's new book, "Making Democracy Work"?

This may be the reaction he is hoping for?
The money thing .....

171 posted on 09/14/2010 7:39:59 AM PDT by no-to-illegals (Please God, Bless and Protect Our Men and Women in Uniform)
[ Post Reply | Private Reply | To 168 | View Replies]

To: kristinn

Bring it on Breyer! and watch for massive nation wide civil disobedience. What a POS!


172 posted on 09/14/2010 7:40:20 AM PDT by Merlinator (9/11 Never forget, Never forgive.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: musicman
Photobucket
173 posted on 09/14/2010 7:42:07 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 1 | View Replies]

To: hal ogen

My birds don’t want that rag in their cages!


174 posted on 09/14/2010 7:43:10 AM PDT by Merlinator (9/11 Never forget, Never forgive.)
[ Post Reply | Private Reply | To 40 | View Replies]

To: sickoflibs
"But he did rule that burning the US flag was constitutionally protected free speech, but burning the cross was not."

Not exactly. The case you're referring to is Virginia v. Black et al., 538 U.S. 343 (2003). Breyer joined the 7-2 majority, lead by O'Connor. Oyez has a good description of the central legal holding(s) of that case. It reads...

Question:
Does the Commonwealth of Virginia's cross-burning statute, which prohibits the burning of a cross with the intent of intimidating any person or group of persons, violate the First Amendment?

Conclusion:
Yes, but in a plurality opinion delivered by Justice Sandra Day O'Connor, the Court held that while a State, consistent with the First Amendment, may ban cross burning carried out with the intent to intimidate, in which four other justices joined, the provision in the Virginia statute treating any cross burning as prima facie evidence of intent to intimidate renders the statute unconstitutional in its current form, in which three other justices joined. Justice Antonin Scalia left the latter portion of the Court's conclusion to argue that the Court should vacate and remand the judgment of the Virginia Supreme Court with respect to Elliott and O'Mara, so that that court could have an opportunity to construe the cross-burning statute's prima-facie-evidence provision. Justice David H. Souter, joined by Justices Anthony M. Kennedy and Ruth Bader Ginsburg, concluded that the Virginia statute is unconstitutional and therefore concurred in the Court's judgment insofar as it affirmed the invalidation of Black's conviction. Justice Clarence Thomas dissented.

While I haven't been able to find the transcript from Breyer's conversation with Stehpi, it doesn't appear that Breyer referenced VA v. Black, but rather made mention of Oliver Wendell Holmes opinion in writing for a unanimous court in the very famous case, Schenck v. United States, 249 U.S. 47 (1919).

I could see an intellectual argument being made that recognizes a nexus between VA v. Black with respect to Koran burnings, but any nexus - implicit or explicit - with Schenck is laughable and frightening, all at the same time. Breyer's comments are most disturbing, and hopefully will be discussed at some length in the media.

175 posted on 09/14/2010 7:43:35 AM PDT by OldDeckHand
[ Post Reply | Private Reply | To 52 | View Replies]

To: muawiyah
Photobucket
176 posted on 09/14/2010 7:44:28 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 16 | View Replies]

To: kristinn

so he’s saying (compared to shouting fire and people will die)
that burning a koran should not be allowed due to the fact people could die.

So what we have here is a flake of a judge and an American caving in like the cowards they are to islam due to them being afraid of them.
OK so if Christians now go on rampages and kill people does this mean no more making fun of Christians and no more putting crosses in piss?


177 posted on 09/14/2010 7:46:31 AM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
[ Post Reply | Private Reply | To 1 | View Replies]

To: no-to-illegals
This may be the reaction he is hoping for? The money thing .....

LOL, could be. I found one of his book signings is being hosted by Harvard Book Store and is being held at "First Parish Church Meetinghouse". That kinda sounds like a religious place.....is this a seperation of church and state issue? (I know, I know...that was never in the Constitution.)
178 posted on 09/14/2010 7:47:54 AM PDT by Girlene
[ Post Reply | Private Reply | To 171 | View Replies]

To: kristinn
“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?

So the result of this is that if you want to have the banning of speach to be legitimized, then all you have to do is get violent when someone does or says something you don't like.

The obvious response to this is to get violent when a flag is burned. Get violent when someone blasphemes Jesus or Moses or God.

Aren't these supreme court idiots supposed to be able to think things through before they speak?

179 posted on 09/14/2010 7:49:02 AM PDT by Drill Thrawl (Rahm and George at Doe's when the knife came down)
[ Post Reply | Private Reply | To 1 | View Replies]

To: circlecity

was this idiot called on by the interviewer about him not following the law , the constitution or how much of a coward he is ????


180 posted on 09/14/2010 7:50:41 AM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
[ Post Reply | Private Reply | To 36 | View Replies]

To: All

People like to describe Jones as a “nut”...Hell, by muslim standards he’s completely mainstream...


181 posted on 09/14/2010 7:51:06 AM PDT by Maverick68
[ Post Reply | Private Reply | To 179 | View Replies]

To: drdirt333

It’s like Breyer and Patty Murray share the same empty head.


182 posted on 09/14/2010 7:51:20 AM PDT by TheErnFormerlyKnownAsBig
[ Post Reply | Private Reply | To 6 | View Replies]

To: musicman

There’s a guy in the fifth row back second in from the left who is not clapping. Must be a troll!


183 posted on 09/14/2010 7:52:22 AM PDT by downtownconservative (Imam Obama has now noticed he has no clothes. His response? "That infidel Bush stole my clothes".)
[ Post Reply | Private Reply | To 176 | View Replies]

To: FrogMom

How about not allowing the United States military to burn Bibles?


184 posted on 09/14/2010 7:53:26 AM PDT by ilovesarah2012 (Proud Infidel)
[ Post Reply | Private Reply | To 2 | View Replies]

To: FrogMom

If burning the Koran is banned, and burning the Bible or Torah or any other holy book is not, then the federal government has become illegitimate, and “when in the course of human events” that happens, it must be replaced. By force of the people, if necessary.


185 posted on 09/14/2010 7:56:43 AM PDT by backwoods-engineer (There is no "common good" which minimizes or sacrifices the individual. --Walter Scott Hudson)
[ Post Reply | Private Reply | To 2 | View Replies]

To: sam_paine

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

We need some of those nuts TODAY - in Washington.


186 posted on 09/14/2010 7:56:54 AM PDT by ZULU (No nation which tried to tolerate Islam escaped Islamization)
[ Post Reply | Private Reply | To 151 | View Replies]

To: kristinn

So apparently the new standard of “free” speech would be that you’re not allowed to say anything that would upset someone enough that they would commit criminal acts? So speech would be protected only if large enough numbers threatened sufficient violence. Somehow I just don’t think our founding fathers had that notion of free speech in mind when they were seeking to protect it from the likes of Breyer and other similar fascists. As a matter of fact, I think just they had just the opposite in mind. Namely, our founders protected free speech precisely because it incited the British to do violence against those who spoke freely.


187 posted on 09/14/2010 7:57:01 AM PDT by catnipman
[ Post Reply | Private Reply | To 1 | View Replies]

To: kristinn

Agreed. That guy has changed the world. And he didn’t even burn a Koran.


188 posted on 09/14/2010 7:58:40 AM PDT by agere_contra (...what if we won't eat the dog food?)
[ Post Reply | Private Reply | To 22 | View Replies]

To: manc

The problem with Breyer’s “shouting fire in a crowed theater” argument is that it’s only prohibited if there is, in fact, no fire. With regard to koran - there IS a fire. Its teachings result in thousands of murders all over the globe. In this case the theater is on fire. And it would be wrong not to warn people as loudly as possible.


189 posted on 09/14/2010 7:58:57 AM PDT by circlecity
[ Post Reply | Private Reply | To 180 | View Replies]

To: downtownconservative
"There’s a guy in the fifth row back second in from the left who is not clapping. Must be a troll!"

...or getting ready to yell "FIRE!!!"

190 posted on 09/14/2010 8:00:09 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 183 | View Replies]

To: Genoa

And not even people in THIS COUNTRY but in foreign countries to be named later.


191 posted on 09/14/2010 8:00:42 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
[ Post Reply | Private Reply | To 13 | View Replies]

To: ZULU
We need some of those nuts TODAY - in Washington.

The ghost of David Crockett riding.

192 posted on 09/14/2010 8:00:54 AM PDT by no-to-illegals (Please God, Bless and Protect Our Men and Women in Uniform)
[ Post Reply | Private Reply | To 186 | View Replies]

To: HiTech RedNeck

THIS is the reason that it must be done - it is NOT stupid, it is a defense of the constitution.


193 posted on 09/14/2010 8:01:41 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Interesting Times
If threats of violence trump free speech, there is none. You’d think a Supreme Court justice could figure that out.

No joke!! I always thought Breyer was evil. But actually stupid?

After hearing his arguments in McDonald and now this I am convinced he is an intellectual lightweight of the highest order.

I can only imagine the wrath that would come down on him from Scalia during arguments before the Supreme Court on this. Not that the court will have occasion to decide this issue any time soon.

194 posted on 09/14/2010 8:02:25 AM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 5 | View Replies]

To: downtownconservative

I didn't get a Harumpf from that guy!"

195 posted on 09/14/2010 8:03:18 AM PDT by TheErnFormerlyKnownAsBig
[ Post Reply | Private Reply | To 183 | View Replies]

To: Biggirl

Would Breyer ban burning of the Torah?


196 posted on 09/14/2010 8:05:06 AM PDT by Melchior
[ Post Reply | Private Reply | To 7 | View Replies]

To: running_dog_lackey
If we’re going to limit the 1st Amendment, why don’t we just ban Islam?

Excellent post.

197 posted on 09/14/2010 8:06:32 AM PDT by agere_contra (...what if we won't eat the dog food?)
[ Post Reply | Private Reply | To 18 | View Replies]

To: sam_paine

Odd you should mention The Alamo...since I’m proudly wearing my Alamo t-shirt today (not talking about a rent-a-car either).


198 posted on 09/14/2010 8:08:09 AM PDT by moovova
[ Post Reply | Private Reply | To 151 | View Replies]

To: moovova
since I’m proudly wearing my Alamo t-shirt today

How'd I know!?

You're lucky. I was at the t-shirt stand just behind Santa Anna's artillery but they had already sold out. You must've got there early!

199 posted on 09/14/2010 8:10:32 AM PDT by sam_paine (X .................................)
[ Post Reply | Private Reply | To 198 | View Replies]

To: kristinn

So just threaten to kill and no one will be able to insult you?


200 posted on 09/14/2010 8:14:39 AM PDT by mainsail that ("A man will fight harder for his interests than for his rights" - Napoleon Bonaparte)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-50 ... 101-150151-200201-250 ... 301-348 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