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Stephen Breyer backtracks, now says Koran Burning may be Constitutional
examiner.com ^ | 9/17/2010 | Joe Newby

Posted on 09/17/2010 7:50:46 PM PDT by jdawg2010

Appearing on CNN, Supreme Court Justice Stephen Breyer told Larry King that burning the Koran was protected speech. When asked if Pastor Jones of Florida had a right to burn the book, Breyer said, "Yeah, I said it depends on what analogy you use, but the most one analogous case is that there was — you have the right to burn an American flag as a symbol."

Earlier, Breyer told George Stephanopoulos that burning the Koran may not be protected by the First Amendment and compared it to yelling 'fire' in a crowded theater.

(Excerpt) Read more at examiner.com ...


TOPICS:
KEYWORDS: blogpimp; firstamendment; koranburning; myspace; n00b; stephenbreyer; supremecourt
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1 posted on 09/17/2010 7:50:47 PM PDT by jdawg2010
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To: jdawg2010

Reminds me of Obama - surprised that we all aren’t jumping to our feet and applauding when he protects, exempts, and defends Islam.


2 posted on 09/17/2010 7:55:35 PM PDT by flowerplough (Thomas Sowell: Those who look only at Obama's deeds tend to become Obama's critics.)
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To: jdawg2010

Was there ever a case involving someone who yelled fire in a crowded theater?


3 posted on 09/17/2010 7:56:16 PM PDT by ilovesarah2012
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To: jdawg2010

Someone told him you wouldn’t be able to burn the American Flag or pee on Jesus Christ anymore, so he changed his opinion.


4 posted on 09/17/2010 7:57:07 PM PDT by Williams (It's the policies, stupid.)
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To: jdawg2010

He was for banning burning korans before he was against it.


5 posted on 09/17/2010 7:57:22 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: jdawg2010

The senile old fart is showing early signs of dementia.


6 posted on 09/17/2010 7:59:48 PM PDT by PhiloBedo
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To: jdawg2010

How does a total idiot get to be a Supreme Court justice?


7 posted on 09/17/2010 8:00:11 PM PDT by Gertie
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To: jdawg2010

Right along with burning our flag, the Cross in a glass of urine, Mother Mary statue made out of .... the whole idea just sickens me .... all in the name of art and free speech ... but just let someone do some art about MoHAMmad or something about the Koran and see what happens ....


8 posted on 09/17/2010 8:00:16 PM PDT by SkyDancer ("I Belive In The Law Until It Interferes With Justice - and I'm still Molly Norris")
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To: ilovesarah2012

The reason why one would find that act heinous is because early theatres were often set on fire, with flammable celluloid running past a bright hot light bulb, and a correct warning of fire would have to be acted on quickly. A false alarm of fire would lead to many lives risked, at least, and perhaps lost.

It was the frequency of bad fires that made it subject to the analogy, which has now outlived the hazard.


9 posted on 09/17/2010 8:00:44 PM PDT by donmeaker ("Get off my lawn." Clint Eastwood, Green Ford Torino)
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To: jdawg2010
Let me guess: calling Muslims violent is not protected speech, because doing so would cause riots ... Is that just about right? (So, it's not protected because it's correct.)
10 posted on 09/17/2010 8:01:33 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: jdawg2010
Where does it say in the Constitution that you can not yell “fire” in a crowded theater? There are municipal laws against such behavior.
11 posted on 09/17/2010 8:02:58 PM PDT by granite (those who foolishly sought power by riding the back of the tiger ended up inside - JFK)
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To: jdawg2010; humblegunner; Eaker; Vendome; shibumi; 50mm

In your one-day stay here at FR, you’ve posted exactly two threads, and made no replies to anything, and managed to excerpt the same lame-ass blog with the same author twice, and both times you failed to put this in bloggers.

And the story the blog is rehashing has already been posted (back when it actually was “news,” and not blog fodder).

Are you John Newby, newbie?


12 posted on 09/17/2010 8:04:33 PM PDT by Larry Lucido
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To: South40

LOL!! ;-}


13 posted on 09/17/2010 8:05:06 PM PDT by jdawg2010
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To: jdawg2010

As I have said before, the whole “Can’t yell fire in a crowded theater” argument AS IT IS SAID TO APPLY to the first amendment is totally bogus and about the worst legal analysis I have ever heard...

One could get THE EXACT SAME RESPONSE if you were in a theater and held up a hand grenade and didn’t say a single word!

It has NOTHING to do with freedom of speech, it has everything to do with reckless endangerment.

But greater minds than Breyer have been confused by the issue, so I’m not surprised by his statements...


14 posted on 09/17/2010 8:05:22 PM PDT by djf (It is ISLAM or "We, the People..." Take your pick. THERE IS NO MIDDLE GROUND!!!)
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To: jdawg2010
In U.S. v. Stevens, Elana Kagan wrote:

=================================================================

Here's how Chief Justice Roberts put it in his majority opinion striking down the law, an opinion which was joined by all of the Court's "liberal" Justices (Ginsburg, Breyer, Stevens and Sotomayor).

=================================================================


15 posted on 09/17/2010 8:06:27 PM PDT by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: jdawg2010

Dear Honorable Justice Breyer:

We are not in a crowded theater.


16 posted on 09/17/2010 8:06:43 PM PDT by thecodont
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To: jdawg2010

The Constitution is like a shadow on the wall, it changes constantly as the Court moves through the sky.

ain’t that profound sounding?


17 posted on 09/17/2010 8:07:32 PM PDT by count-your-change (You don't have be brilliant, not being stupid is enough.)
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To: jdawg2010

Breyer’s remark that the Koran burning equated with yelling “fire” in a crowded theater had to be one of the stupidest remarks I’ve heard in a long time. Really, truly astonishing from a “jurist.” You would have to negate the entire concept of free will and personal responsibility to make any sense of it.


18 posted on 09/17/2010 8:08:55 PM PDT by GVnana (I'm a Mama Grizzly)
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To: jdawg2010
What's he doing on Larry King Dead, anyhow?

What's next, Ruth Buzzi Ginsburg on "Dancing with the Stars"?

Leni

19 posted on 09/17/2010 8:09:03 PM PDT by MinuteGal (BO'R:"Obama is not a Marxist"(10/20/09)..."Communism is no threat to us any more" (9/8/09))
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To: Larry Lucido; jdawg2010

How long do you think jingledawg will last?

Not long I hope.

I see someone left a critical comment on his myspace page.


20 posted on 09/17/2010 8:11:24 PM PDT by Eaker (Pablo is very wily)
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