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.
Kagans 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 Kagans 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 corporationsas 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 ...
I was not very clear in my last post, I think - I am not saying that Kagan disagreed with the position she had to take in the Citizens United case. But, there are times when she probably would - such as the administration’s position defending the Defense Of Marriage act. If it ever gets to SCOTUS and she is the Solicitor General - she would have to bite her tongue and argue for it ...
The commercial about the movie 1984.
bump
Is she gay, all the way? Or not?
Ouch! Damning!
Are you referring to any freeper, or just Jim Robinson?
From David Horowitz's
FrontPageMag.com/DiscoverTheNetworks.org
PROFILE: ELENA KAGAN
As an undergraduate at Princeton, Kagan wrote a senior thesis titled
"To the Final Conflict: Socialism in New York City, 1900-1933."
In the "Acknowledgments" section of her work, she specifically thanked her brother Marc, whose involvement in radical causes led me to explore the history of American radicalism in the hope of clarifying my own political ideas. In the body of the thesis, Kagan wrote:
"In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalisms glories than of socialisms greatness. Conformity overrides dissent; the desire to conserve has overwhelmed the urge to alter. Such a state of affairs cries out for explanation. Why, in a society by no means perfect, has a radical party never attained the status of a major political force? Why, in particular, did the socialist movement never become an alternative to the nations established parties?...
"Through its own internal feuding, then, the SP [Socialist Party] exhausted itself forever and further reduced labor radicalism in New York to the position of marginality and insignificance from which it has never recovered. The story is a sad but also a chastening one for those who, more than half a century after socialisms decline, still wish to change America. Radicals have often succumbed to the devastating bane of sectarianism; it is easier, after all, to fight ones fellows than it is to battle an entrenched and powerful foe. Yet if the history of Local New York shows anything, it is that American radicals cannot afford to become their own worst enemies. In unity lies their only hope."Lots more on Kagan here:
http://www.discoverthenetworks.org/individualProfile.asp?indid=2398
Founding Fathers: [stop spinning] "Kagan, you're full of fertilizer"
North Korea has judgeships open for people who understand the importance of censorship to control thoughts...
it's their stock and trade...
You're right. We are the target of liberal hatred.
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