O.K. up to now the argument has been academic and sparsely cited with quotes. But now, some documents are coming to light on Supreme Court nominees first Amendment beliefs. A belief that speech on racial or gender inequality should be quashed and how speech should be weighed against social costs sounds good for some.. but depending on who is in power, ones interpretation of that could be skewed politically. I am not sure someone should sit on the Supreme court who believes in limiting speech to this degree
The duty of a Supreme Court Justice is to uphold our Constitutional liberties — unless that Justice is appointed by B. Hussein Obama, in which case her role is to destroy those liberties, starting with the most fundamental:
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.”
“Societal cost” means that it runs counter to the progressive agenda.
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.
That paper asserted First Amendment doctrine is comprised of “motives and … actions infested [sic] with them” and she goes so far as to claim that “First Amendment law is best understood and most readily explained as a kind of motive-hunting.”
This means that you can say what you want — so long as leftist apparatchiks like Kagan deem your motives to be pure. Otherwise, shut up.
Kagan’s name was also on a brief, United States V. Stevens, dug up by the Washington Examiner, stating: “Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs.”
Read the full story at Stop The ACLU.