Thursday, May 13, 2010

Elena Kagan - #1727 - Kagan Argued for Government Redistribution of Speech - CNS News

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.”..... She argued that government can restrict speech if it believes that speech might cause harm, either directly or by inciting others to do harm.  Read more......


Kagan Was 'Not Sympathetic as Law Clerk to Gun Rights Argument - Bloomberg -- Elena Kagan said as a U.S. Supreme Court law clerk in 1987 that she was “not sympathetic” toward a man who contended that his constitutional rights were violated when he was convicted for carrying an unlicensed pistol.  Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man’s appeal.  The man’s “sole contention is that the District of Columbia’s firearms statutes violate his constitutional right to ‘keep and bear arms,’” Kagan wrote. “I’m not sympathetic.”  Read more.......
Remember Virginia Senator Mark Warner is already on record for supporting Kagan, without any Senate hearings, regardless of what state you live in, call your Senators on this nomination, remember she would sit on the court for at least 30 years with these views.  Senator Mark Warner - 202-224-2023.

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