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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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To: Gertie

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

Easy answer. Bill Clinton 1994. Need I say more?


21 posted on 09/17/2010 8:13:22 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Eaker; jdawg2010

I sent our friend a private message suggesting a different approach to posting. Also, the mods have poked him on another thread. Let’s see how he takes friendly advice.


22 posted on 09/17/2010 8:13:41 PM PDT by Larry Lucido
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To: jdawg2010
Light'em if you got'em

firewithfire


23 posted on 09/17/2010 8:18:17 PM PDT by FrankR (Standing up to TYRANTS is the only thing that will stop the onslaught of TYRANNY.)
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To: jdawg2010

Of course it depends on the analogy you choose. Yelling ‘fire’ in a theater, or burning flag/the Bible. The question is what criteria that we use in choosing the analogy. The first one is based on the similarity in results. The second one is based on whether the person agrees/disagrees with the content of the book or the meaning attached to the flag.


24 posted on 09/17/2010 8:21:06 PM PDT by paudio (The Democrats have been majority in Congress since 2006, not 2008!)
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To: jdawg2010
How would Breyer know what is and isn't constitutional? He spends his time and mental energy looking at foreign cultures, animal entrails and his own stool for legal inspiration, or rather for excuses to do whatever seems to him convenient and synchronous with his perceptions of various current trends. His opinions are most accurately understood as brain farts or spasms than as reasoned and informed constitutional findings.

He has, however, given a boost to the legitimate career hopes of a recently fired New Jersey Transit worker. For this — and for the fact that broken watches give accurate readings of the time twice each day — we can all be grateful.

25 posted on 09/17/2010 8:22:18 PM PDT by Mobties (Let the markets work! Reduce the government footprint!)
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To: ilovesarah2012
Was there ever a case involving someone who yelled fire in a crowded theater?

John Wilkes Booth comes to mind.
26 posted on 09/17/2010 8:37:35 PM PDT by Question Liberal Authority (Worst. Post-Racial President. EVER.)
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To: South40
re: your post 15. Thanks, fantastic post.

Bookmark

27 posted on 09/17/2010 8:40:22 PM PDT by theymakemesick ( islam - inspired by Satan www.prophetofdoom.net)
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To: Gertie
How does a total idiot get to be a Supreme Court justice?

Clinton, Obama, milquetoast liberal Senators.

28 posted on 09/17/2010 8:41:26 PM PDT by Red Steel
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To: theymakemesick
Thank you TMMS. I found it extremely relevent re this topic.

I also like the tagline you have on your profile page; I hope you don't mind that I've borrowed it.

Filled with hatred for those that disagree, democrats are the most intolerant bigots on earth

As a black man who is staunchly conservative I have been the target of extreme hatred both online and in my life at home. I have family members who don't/won't speak to me because I have been critical of Obama. Additionally, I have been active in Internet forums for over 10 years and in that time I have been called every vile name imaginable. Each time and without exception the one doing the name-calling was a liberal; they are frothing at the mouth with hatred for any black man who would vote conservative. Conversely, I have never, and without exception, been called anything but FRiend by my conservative bretheren.

Thanks again! -SoFo

29 posted on 09/17/2010 8:58:07 PM PDT by South40 (Filled with hatred for those that disagree, democrats are the most intolerant bigots on earth)
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To: Eaker

Dammit, I do not a freaking Myspace page!!!


30 posted on 09/17/2010 9:08:23 PM PDT by jdawg2010
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To: jdawg2010

Uhm, let’s try this line of argument you Braying Jackazz, Breyer.

It’s a symbol which can be manufactured over and over and over again.

Unlike a relic, of which there would be only one of a kind.


31 posted on 09/17/2010 9:11:13 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: ilovesarah2012

I once shouted “Movie Theater” during a fire. Nobody seemed to notice.


32 posted on 09/17/2010 9:18:52 PM PDT by Grizzled Bear (Does not play well with others)
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To: jdawg2010
Well these -

Used to be constitutional also. I say we bring them back and let Breyer chill in one for awhile.

33 posted on 09/17/2010 9:19:09 PM PDT by conservativegramma
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To: Gertie

Appointed by Democratic President Bill Clinton in 1994.

By being appointed by one.


34 posted on 09/17/2010 10:50:03 PM PDT by rickb308 (I love watching libruls heads explode as they see their dogma run over by their karma.)
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To: Eaker; jdawg2010; Larry Lucido
"Dammit, I do not a freaking Myspace page!!!"

Well, there you go Eaker. He (dammit) do not a freaking Myspace page. With three (count 'em) THREE exclamation points. (Just what is it with n00bie Boogers and exclamation points?)

Now that he's told you off, in no uncertain, if slightly awkward, terms, maybe you best respond. May I suggest something in his own dialect?

How 'bout this:

Yo! JDawg! What it be like? Y'All dammit a facebook? O is y'all jus a PimpFoo?
35 posted on 09/18/2010 12:51:24 AM PDT by shibumi (I have become everything I used to pretend I was.)
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To: shibumi; jdawg2010; Larry Lucido
"Dammit, I do not a freaking Myspace page!!!"

LOL!

I bet the 'lil feller is on the tweeter too!

36 posted on 09/18/2010 1:02:27 AM PDT by Eaker (Pablo is very wily)
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To: Eaker

Dammit! He do not a tweet!!!


37 posted on 09/18/2010 1:03:19 AM PDT by shibumi (I have become everything I used to pretend I was.)
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To: jdawg2010

Hey, did Myspace change it’s format?

It looked better before.


38 posted on 09/18/2010 2:55:29 AM PDT by humblegunner (Pablo is very wily)
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To: jdawg2010
"Stephen Breyer backtracks, now says Koran Burning may be Constitutional"

Wow...

How is it these supposed well educated "Constitutional Scholars" have to guess on matters that are painfully evident?

Koran burning is Constitutional. So is Flag burning (even the rainbow one) and Bible burning. Its a form of protest and is protected by the First Amendment.

39 posted on 09/18/2010 3:01:27 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the next one...)
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To: ilovesarah2012
Was there ever a case involving someone who yelled fire in a crowded theater?

http://en.wikipedia.org/wiki/Schenck_v._United_States

In the opinion's most famous passage, Justice Holmes sets out the "clear and present danger" test: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." This case is also the source of the phrase "shouting fire in a crowded theater", paraphrased from Holmes' assertion that "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

40 posted on 09/18/2010 3:13:06 AM PDT by P.O.E. (Compact Theory)
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