Supreme Court Justice Breyer Open to Banning Koran Burning

Tuesday, September 14, 2010 | Kristinn

[kristinn]

U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.

The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.

Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:

But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Breyer is promoting his new book, Making Our Democracy Work.

Breyer was appointed to the Supreme Court in 1994 by President Bill Clinton.

[bushfamfan]

I’ve gotten into many a debate about John Brown and his tactics.

[wagglebee]

I'm sure you were referring to the burning of the Quran, not the Holy Bible, with regards to Breyer's equating that with yelling fire in a crowded theater.

You are absolutely correct.

My statement SHOULD have read:
Burning the Holy Bible - the equivalent of yelling "fire" in a crowded theater.

Followed by my disgust at the logic behind this.

[Paradox]

Breyer should be impeached for saying this.

[Psalm 144]

How about shouting “TREASON!” in a burning republic?

We are bound for revolution.

[bushfamfan]

The ‘art’ attacking Christianity is what came to mind in regards to this whole Koran/GZ mosque issue and the uproar and the complete hypocrisy. I would like to see Hollyweird and the left attack Muslims like they mock Christianity. This is an issue to be used against them because these people are outrageous and disingenuous.

[Psalm 144]

Hello! Bye Bye 1st Amendment.

*************

I respectfully disagree.

It is hello guillotine, bye bye ruling class.

[I cannot think of a name]

The only time a liberal invokes “traditional American values” is when they are actually trying to use them to tear down traditional American values.

So many times during this argument about the ground zero farce I’ve heard some liberal say, “it’s against our traditional values to deny a church to be built.”

That’s one of the fundamental weaknesses of a “free” society. It assumes (and depends on) people respecting that freedom and not using it to try to undermine our way of life.

[trisham]

I’m ready to nominate Pastor Terry Jones as Man of the Year for exposing where everyone stands on the First Amendment.

************************

I would second that.

[1000 silverlings]

we need a national burn the koran day and then they can arrest and kill all of us. that’s what they want anyway if we don’t cower like dogs for them

[chilltherats]

I see. Because koarn-burning is so upsetting and those who object to it sabre-rattle and make threats (to commit acts they’ve already committed anyway), we should change the 1A to suit them.

I guess what he’s saying is that if we start making threats about killing muzzies if that GZ mosque gets built, we should also change the 1A to ban freedom of religion for muzzies so they can be prevented from building said mosque.

[chilltherats]

What are you talking about?

[PA-RIVER]

How do we impeach this SOB?

If a guy burns a Koran and a Muzzie kills people in return, this judge wants the Koran Burner arrested.

This is a problem.

[Gilbo_3]

i got yer drift Ex...when they keep pokin a restrained animal with a stick, and then realise that the cage door aint locked afterall, eventuaally theyre in for an 'oh sh!t' moment...

once the imagination is unleashed, ie, the intellectual/moral safety is removed, they will rue the day, as will we due to the carnage that must follow...

i havent been trained in the use of household ingredients, but am a fast learner...the 'liberator' also doesnt need much knowledge, only brass ones to use it for tradin...8^} Blessings to ya and Prayers for some DC sanity...

[denydenydeny]

Breyer made it sound like Breyer on his own, or the Supreme Court, can ban Koran burning. They don’t have that kind of direct authority. In order for such a ban to be put in place, Congress would have to pass a law banning Koran burning, and the president would have to sign it.

Sigh. If only.

Even before Roe v. Wade, the High Court was using the Commerce Clause and the Equal Protection Clause to pass whatever the hell laws it wanted to pass, and the Constitution be damned.

[Gene Eric]

>> as the modern day equivalent of shouting fire in a crowded theater.

Why not ban miniskirts to prevent rape?

[Political Junkie Too]

This is a very bad slippery slope, and the Supreme Court would actually be inciting more violence if they go down this path.

Just think about the inevitable conclusion of such a finding.

Any group that doesn't like a message will turn to violence in order to argue that the speech should be banned because it will incite more violence.

We don't want to go there.

-PJ

[ichabod1]

Also, read The Road to Serfdom by Hayek. He discusses at length how the Rule of Law is diametrically opposed to socializm. Socializm operates by the Rule of Expediency. This fits in with that perfectly.

[wastedyears]

Damn Communist.

[trisham]

Well said.