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Elena Kagan: Government Can Ban Political Pamphlets
cnsnews.com ^ | May 10, 2010 | Terence P. Jeffrey

Posted on 05/10/2010 4:18:18 PM PDT by Free ThinkerNY

(CNSNews.com) - Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.

Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.

“The Government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” wrote Roberts. “Its theory, if accepted, would empower the Government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations—as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”

Justice Kennedy described the law Kagan had defended as an illegitimate attempt to use “censorship to control thought.”

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


TOPICS: Front Page News; News/Current Events
KEYWORDS: citizensunited; democrats; elenakagan; freespeech; homosexualagenda; kagan; kagantruthfile; liberalfascism; liberalprogressivism; lping; scotus
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1 posted on 05/10/2010 4:18:18 PM PDT by Free ThinkerNY
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To: Free ThinkerNY

This nominee needs to be sent down in flames.


2 posted on 05/10/2010 4:19:35 PM PDT by ridesthemiles
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To: Free ThinkerNY

I predict that at least 5 GOP Senators will vote for her.


3 posted on 05/10/2010 4:20:26 PM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Free ThinkerNY

Now, does ANYONE have any doubts why this radical anti-constitutionalist was selected ??


4 posted on 05/10/2010 4:20:39 PM PDT by EagleUSA
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To: Free ThinkerNY

A Free Speech Enemy.

No wonder Obama nominated another of his fat, hideous pig women.


5 posted on 05/10/2010 4:21:11 PM PDT by FormerACLUmember ("Subtlety is not going to win this fight": NJ Governor Chris Christie)
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To: Free ThinkerNY

That was her?

She is the one who thinks the government can even censor Kindle downloads??

wow


6 posted on 05/10/2010 4:21:53 PM PDT by GeronL (http://tyrannysentinel.blogspot.com)
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To: Free ThinkerNY

I don’t like her, of course, but she may have only “been following orders” as Solicitor General. She did her job, and SCOTUS did its.


7 posted on 05/10/2010 4:22:04 PM PDT by Dr. Sivana (There is no salvation in politics)
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To: Free ThinkerNY; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


8 posted on 05/10/2010 4:22:06 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: Free ThinkerNY

This Lesbian Nominee by the Alleged Usurper of the Office of President of the United States is one very Scarey and Dangerous Dude who appears to be against All the Freedoms America holds dear to her Heart!


9 posted on 05/10/2010 4:22:51 PM PDT by True Republican Patriot (May GOD Continue to BLESS Our Great President George W. Bush!!)
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To: Free ThinkerNY

First They Came for the Jews

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.
Pastor Martin Niemöller

Community and individuality are not opposites. People cannot survive on their own. When the odds are stacked against you, you must rally with the oppressed and hated.

When a growing oppressive regime is taking hold, you must act, otherwise you will soon face your enemy alone and hopeless.

Strength of community is a strength as much as individualism, as long you are willing to face weaknesses in your own community. Ignoring slacking values will mean that you will be rallied against by those you oppress.

Niemöller affirms we must rally against unhealthy organized regimes. We must also stay vigilant with those that appear to be good natured, as all organisation attracts corruption. Niemöller also warns us that if it is you who are corrupt, then you will face a stronger combined force of foe!
Vexen Crabtree

10 posted on 05/10/2010 4:23:05 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Dr. Sivana

That 1984 commercial about hillary definitely applies to bo now.


11 posted on 05/10/2010 4:24:00 PM PDT by Always Independent
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To: ridesthemiles

I sure hope no RINOS vote for this communist. They are crazy to think they can get away with this crap. Why do no Repuplicans come out and call a communist a communist. Jeez???


12 posted on 05/10/2010 4:24:16 PM PDT by screaminsunshine (S)
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To: ridesthemiles

Not gonna happen - even it all Reps suddenly grew a backbone, she would still make it thru the Senate


13 posted on 05/10/2010 4:24:26 PM PDT by VRWCTexan (uestion)
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To: pnh102

I think there will be more, knowing how the Pubbies of the Senate operate in their ‘good ole boy club’.


14 posted on 05/10/2010 4:25:00 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: Salvation

Question. Can judges be impeached??


15 posted on 05/10/2010 4:25:19 PM PDT by screaminsunshine (S)
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To: Free ThinkerNY

btt


16 posted on 05/10/2010 4:25:29 PM PDT by opentalk
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To: Free ThinkerNY; Clintonfatigued; AuH2ORepublican; BillyBoy; fieldmarshaldj; GOPsterinMA

She an Obama feel differently about labor union endorsements I’m sure.

No word on whether she agrees with Obama that you should put away that distracting i-pod and pick up the NYTimes instead.


17 posted on 05/10/2010 4:26:02 PM PDT by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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To: Always Independent
That 1984 commercial about hillary definitely applies to bo now.

Bo and Luke too?

Or did you maybe mean something else that was obscured by laziness or illiteracy?

18 posted on 05/10/2010 4:27:30 PM PDT by humblegunner (Pablo is very wily)
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To: Free ThinkerNY

I think this is the one that might topple this nominee, but I wonder if even the conservative media will run with it


19 posted on 05/10/2010 4:29:32 PM PDT by GeronL (http://tyrannysentinel.blogspot.com)
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To: Free ThinkerNY
“censorship to control thought.”

Oboma just gave a graduation speech that endorsed censorship - of accurate news only. All left wing propaganda sites, papers, and channels are acceptable, though.

20 posted on 05/10/2010 4:39:39 PM PDT by concerned about politics ("Get thee behind me, Liberal")
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