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Kagan: Some speech can be 'disappeared'
wnd ^ | 5/10/10 | Aaron Klein

Posted on 05/10/2010 6:20:29 PM PDT by Nachum

NEW YORK – President Obama's nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote "racial or gender inequality" could be "disappeared."

In her few academic papers, Kagan evidences strong beliefs for court intervention in speech, going so far as to posit First Amendment speech should be weighed against "societal costs.”

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


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: authoritarianism; disappeared; donttreadonme; fairnessdoctrine; fcc; gaygan; homosexualagenda; kagan; kagantruthfile; liberalfascism; localism; netneutrality; scotus; socialism; speech; totalitarianism
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To: LibFreeOrDie
Kagan's academic writings are sparse – just nine articles, two of which are book reviews.

Perhaps some of her academic writings have been "disappeared"?

21 posted on 05/10/2010 6:40:32 PM PDT by the_Watchman
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To: SQUID
she is a member of a protected group

What group is that ?

22 posted on 05/10/2010 6:41:58 PM PDT by libh8er
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To: Nachum
Kagan is a political hack! The problem with the SCOTUS is that the left are politicizing it by nominating people who are promoting political agendas rather than applying the Constitution.

Kagan and anyone like Kagan must be filibustered.
23 posted on 05/10/2010 6:43:42 PM PDT by etradervic (It's the People's Seat ! http://www.toomeyforsenate.com)
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To: libh8er; SQUID

> > she is a member of a protected group

> What group is that ?

Carpetophagic-American.


24 posted on 05/10/2010 6:45:56 PM PDT by Slings and Arrows (Just another day in Oceania.)
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To: Nachum
The Elana Kagan confirmation hearings this summer will be interesting. The November election is drawing closer, RINO conservatives up for re-election are nervous, ‘rats up for re-election are really nervous ... confirming this candidate for the Supreme Court will be very dicey indeed.
25 posted on 05/10/2010 6:46:44 PM PDT by BluH2o
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To: the_Watchman

No doubt with this gang.


26 posted on 05/10/2010 6:49:33 PM PDT by RushIsMyTeddyBear (I don't have a 'Cousin Pookie'.)
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To: LibFreeOrDie

Affirmative action appointee for the affirmative action President.

The qualified need not apply.


27 posted on 05/10/2010 6:52:13 PM PDT by incredulous joe
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To: Nachum
As she proceeds to kill the Constitution and the English language.
28 posted on 05/10/2010 6:52:41 PM PDT by bmwcyle (Thank You God for Freeing the Navy Seals)
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To: Nachum; Irisshlass; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.

29 posted on 05/10/2010 6:53:18 PM PDT by narses ( 'Prefer nothing to the love of Christ.')
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To: All
America is going to get sucker punched by Obama. Kagan is far too radical and has no experience as a judge. Obama will offer up a different LEFTIST non-Constitutionalist as a "middle of the road" alternative.


30 posted on 05/10/2010 6:53:34 PM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
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To: Nachum

Packing the court with radicals to get around the Constitution...I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.


31 posted on 05/10/2010 6:54:31 PM PDT by Trod Upon (Obama: Making the Carter malaise look good. Misery Index in 3...2...1)
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To: Nachum

argued certain forms of speech that promote “racial or gender inequality” could be “disappeared.”

INCOMPETEMT TO SERVE

BORK HER


32 posted on 05/10/2010 6:56:37 PM PDT by A_Former_Democrat
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To: Nachum

certain forms of speech that promote “racial or gender inequality”

Safe bet that what consitutes such forms is a rather fast and loose definition.


33 posted on 05/10/2010 6:57:51 PM PDT by Fred Hayek (From this point forward the Democrat Party will be referred to as the Communist Party)
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To: Nachum; NFHale; genetic homophobe; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; ...
RE :”NEW YORK – President Obama’s nominee for the Supreme Court, Elena Kagan, argued certain forms of speech that promote “racial or gender inequality” could be “disappeared.” In her few academic papers, Kagan evidences strong beliefs for court intervention in speech, going so far as to posit First Amendment speech should be weighed against “societal costs.” In her 1993 article “Regulation of Hate Speech and Pornography After R.A.V,” for the University of Chicago Law Review, Kagan writes: “I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation.” Read the stunning report on how the unthinkable – America's demise as a constitutional Republic – may already be on the horizon! In a 1996 paper, “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine,” Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.

This is much different than I have always thought of the 1st amendment(being a white hetrosexual male). But this is the way many or most college campuses view freedom of speech. Looks like a good one for Republicans to bring up on TV and the hearing. I imagine Obama would like her views on campaign finance reform too.

34 posted on 05/10/2010 6:59:37 PM PDT by sickoflibs ( "It's not the taxes, the redistribution is the federal spending=tax delayed")
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To: Tijeras_Slim
Countries that disappear speech, disappear people.

DING DING DING !!! WE HAVE A WINNER !!!

(Those who ignore history are doomed to repeat it)

35 posted on 05/10/2010 7:00:32 PM PDT by Hoodat (For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Nachum

“can be disappeared”? Who will write her opinions - a 5th grader?


36 posted on 05/10/2010 7:01:27 PM PDT by keepitreal ( Don't tread on me.)
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To: Nachum
Photobucket
37 posted on 05/10/2010 7:01:52 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
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To: Trod Upon
I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.

There is no way in hades any American should allow a person with this attitude to attain a position on a U.S. court in any capacity.

The line is being drawn.

38 posted on 05/10/2010 7:02:06 PM PDT by sirchtruth (Freedom is not free)
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To: Trod Upon

I sure hope somebody’s drafting the next Declaration of Independence, because I think things are about to go haywire again.
_________________
Yep, it’s coming, not a doubt in my mind. It may not be in our lifetime, but it’s inevitable.


39 posted on 05/10/2010 7:04:19 PM PDT by mojitojoe (banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson)
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To: SQUID

What Repubs?


40 posted on 05/10/2010 7:07:39 PM PDT by little jeremiah (http://lifewurx.com - Good herb formulas made by a friend)
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