The Supreme Court, All Right or All Wrong? Message Board

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Politics : The Supreme Court, All Right or All Wrong?

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From: TimF	5/21/2010 8:06:18 PM
	2 Recommendations of 3029

Elena Kagan and Free Speech The other excellent WSJ Op Ed I missed yesterday was their link to Jacob Sullum's column on President Obama's new Supreme Court pick. I think I'll do my next FBN show on attacks on free speech. Sullum writes: As solicitor general, of course, Kagan has an obligation to defend federal laws against constitutional challenges. But her pro-censorship positions went beyond the call of duty... "Whether a given category of speech enjoys First Amendment protection," she wrote, "depends upon a categorical balancing of the value of the speech against its societal costs." Writing for the 8-to-1 majority, Chief Justice John Roberts called this claim "startling and dangerous," adding: "... Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it." stossel.blogs.foxbusiness.com

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