According to an explosive special report on Supreme Court nominee Elena Kagan's views on the First Amendment right to free speech, in September of 2009 Kagan encouraged the Court to adhere to a new philosophy on the First Amendment that would allow the government to censor posters, pamphlets, and TV and radio content--and the Internet.
(AP Photo/Steven Senne). Liberal elitist minions at Harvard applaud Kagan's nomination.
In a stunning news report issued today by CNS, the following information was disclosed:
“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.”
Even liberal Justice Ginsberg questioned Kagan about the policy, inquiring as to whether or not the same principle could be used to ban books:
When the court heard oral arguments in the case again on Sept. 9, 2009, Kagan personally made the case for the administration. Justice Ruth Bader Ginsburg asked Kagan if the administration stood by its position that the government could ban books.
“May I ask you one question that was highlighted in the prior argument, and that was if Congress could say no TV and radio ads, could it also say no newspaper ads, no campaign biographies?” asked Ginsburg. “Last time the answer was, yes, Congress could, but it didn't. Is that--is that still the government's answer?”
Kagan told Ginsburg that the administration had changed its position. It now believed that although the law itself allowed the government to ban corporations from publishing books, it believed that if the government actually tried to do so a litigant would have a good case challenging that prohibition in court.
“The government's answer has changed, Justice Ginsburg,” said Kagan. “It is still true that BCRA [section] 203, which is the only statute involved in this case, does not apply to books or anything other than broadcast. 441b does, on its face, apply to other media. And we took what the Court--what the Court's--the Court's own reaction to some of those other hypotheticals very seriously. We went back, we considered the matter carefully, and the government's view is that although 441b does cover full-length books, that there would be quite good as-applied challenge to any attempt to apply 441b in that context."
Thus, it is clear that the nomination of Elena Kagan to the U.S. Supreme Court is intended, in part, to bolster the Obama Administration's intention to censor the Internet, radio and TV, posters and pamphlets, and, as an extension, books, despite Kagan's claim that books would be protected from government bans.
The very fact that this is an issue revolving around a Supreme Court nominee points to a very disturbing aspect of this Administration that has gotten lost in the whirlwind of other issues--the frontal attack on free speech.
For commentary on the issues of the day, visit my blog at The Liberty Sphere.
Comments
anyone understand the specific job of the solicitor general? among other things, it's to argue for ~~existing law as written~~ when such laws are challenged in the supreme court.
she actually backed down, saying the law was so shaky on books tht it almost certainly would be overturned if used and challenged.
as for the bigger issue, many many legal scholars ... and even supreme court precedent ... held that limiting corporate financing of elections was a legitimate and constitutional act.
Chimp--So, in other words, the First Amendment be damned! Get out here. You are a 'chump.'
Actually 'chimp' the 'bigger issue' here is the fact that Kagan doesn't have enough hair on her little girl pussy to defend the 1st Amendment because of her reactionary leftist legal philosophy....she is clearly an enemy of freedom and I intend to treat her accordingly
work on your reading comprehension, martin; i didn't take a stand, i said she was doing her job of arguing for an existing law.
and in a rare decision that surprised almost everyone, the supreme court overturned several decisions in precedent when it competely threw out that law.
personally, i think the answer is let anyone spend whatever they want; but require them to identify themselves in the advertising with real names, not fake groups and similar dodges.
Well, her views will fit in nicely with Obama's yesterday about all the news feeds and diversions that technology is causing.
THE PRESIDENTS PEOPLE KNEW EVERYTHING WE FINDING OUT ABOUT KAGAN BEFORE THEY NOMINATED HER. WHAT WAS THERE MINDSET WITH THIS THIS WOMAN.JUSTICE SOTOMAYOR COMMENT ABOUT LATINO'S, WAS ABOUT HER NATIONALITY AND I LOVED THAT SHE GAVE PRIDE TO THE LATINO WOMAN.IT WAS PERSONAL. THERE WAS NOTHING WRONG WITH THAT.THE NATION DIDEN'T BITE WITH THE CONSERVATIVE PUSH TO DISMANTLE HER.I WAS GLAD FOR THAT.THAT SAID,KAGAN IS SOMETHING ELSE,SOMETHING ELSE INDEED. HER NOMINATION HEARINGS ARE GOING TO BE THE BEST SHOW IN TOWN.
obama's not going to appoint anyone, even to sweep trash, that's not going to help him destroy the constitution, the united states, and the way of life we want, that our parent fought for. He is M U S L I M. Get it? Not Christian. M U S L I M. He thinks religion is a tool that is to be used for DEstruction and enslavement. We got fooled BIG TIME. Now, just become subservient, quiet, and as they love to say, "have a nice day".
Joe--sorry to burst your bubble, but it had nothing to do with 'the nation.' 'The nation' did not nominate nor approve Sotomayor. And our opposition to her had absolutely nothing to do with her race. It's all about the Constitution, which Obama and his minions have made abundantly clear they disdain and wish to destroy. This nominee (Kagan) is a direct assault on the First Amendment in particular. But, then, I don't suppose the Constitution means anything to you...
At this point, ANYBODY who votes for ANYBODY in a federal election has declared that they are in favor of destroying this country. Those stickers should actually say "I voted, and I am an a**hole."
What every state legislature should do right now is recall everybody from Congress, abolish all federal agencies within their borders, pass legislation making the enforcement of ALL federal laws passed since 1900 within their borders ILLEGAL, jail any and all federal agents trying to enforce federal laws inside their borders, and kick the remnants of this criminal syndicate in DC into the storm drain.
That being said, the SCOTUS is nothing but a batch of corporation lawyers. A nation that would accept a bunch of robed quacks as having the last say in a so-called justice system, when they are unelected by and/or unaccountable to anybody outside of the District of Criminalweasels, deserves whatever it gets.
Want to know what I really think?
Obama the half Jew - he shares that with Hitler or Stalin and many other despots - tries to pollute the Supreme court more than Bush did. So Mr. O'Drama appoints a mentally ill person (lesbian) with a couple of worthless university degrees.
Are we surprised? The same Obama makes Nazi jokes about Pakistani civilians murdered by US drones.
BigM--I think you need to put it a little bit more plainly. lol
Seriously, though, your broad view of the problem fails to address the immediate issue at hand. The nation is getting ready to witness the Senate confirming a nominee to the Supreme Court who is hostile to Free Speech, the U.S. Military, and is a self-avowed Socialist.
BTW, CNS just released a brand new report on Kagan's political affiliations and philosophy. She cried and got drunk when Reagan was elected. She advocated for a more Leftist Leftwing. She had no use for Republicans at all, and admitted that the only thing that mattered was electing liberal Democrats.
Anyone who thinks this nominee is a 'uniting, moderating, balancing influence' is an idiot.
That we would even entertain any notion concerning censoring our first amendment rights much less that of a supreme court nominee is totally ludicrous. Theres no way this nominee should be able to survive the hearings ahead. That being said if after all this has come out they do get confirmed then we the people are doomed. But the Obama clan just like England has sorely sorely underestimated the will and strength of its people when the time comes. They are running out of time. We are coming prepared!
Bob--I am hearing from those in the know that certain Republicans won't have the will or stomach to oppose Kagan. If that turns out to be the case, then they should be targeted for defeat. If ever there were a time for a good, long, serious filibuster that simply shuts down the Senate for months if necessary, then this is it!
Barry appoints a known socialist/lesbian! Barry appoints known socialist/Marxist czars ! There is a light at the end of the tunnel though...it's the Barry ran F.E.M.A. Socialist Express, complete with box cars to take you off to those wonderful F.E.M.A. camps ! Better check out 'F.E.M.A.'S EXECUTIVE ORDERS" and "THE CONSTITUTIONAL FREE ZONE" before it's too late. This info will be taken off the internet soon now that Ms. Kagan is aboard ! ALL ABOARD.... HERE WE GO.... CHOO CHOO... CHUG A CHUG....TOOT TOOT !
Who are the drones gleefully applauding at the glorious announcement? What must be crawling through their minds, "free speech is dead, but who cares as long as the sacrament is safe."
plebian....they are uniformed/brainwashed women who applaud because a woman has been nominated....they have no idea about the reality of the matter, and their are many-many more just like them....men too !
Plebian--those are employees and faculty at Harvard.
Liberals!
What hypocrits they are.
Kagan will get into the office to pave the way a totalitarian state and legalize it.
AMERICA WAKE UP. Buy guns and defend yourself and the constitution.
When not now, when?
So now the corrupt US Congress has passed the so called "hate bill" in order to limit free speech and Kagan will join the other Commisars at the Supreme Court to imprison us and the Patriot Act can be used to tag, track, spy, and re-classify us as domestic terrorists for disagreeing with the ADL/AIPAC/SPLC s illegal spy ring. Get the picture? Boycott/sanction/divest from Israel and those products that support it. Welcome to the Machine.......
Maybe we can learn something from the Gay Supremacist non violent government.Maybe they have the answers and know whats best for the straight minority.They are the majority after all.They are tired of having their feelings hurt.Can you blame them? It was written about entered into the Congressional Record in 1987 Michael Swift: "Gay Revolutionary"
from Gay Community News, Feb. 15-21, 1987
You know....folks have to get out of that left right bipolar liberal conservative mindset.That keeps us polarized and is part of the game.By keeping the ones who believe in that stupid game of conservative vs liberal polarity you're like opening the Red Sea for likes of those who would divide and conquer you.It's obvious what's happening here no matter what labels the party uses.In Greece it's the bankers and their plastic puppet store bought governments vs the people.It's happening all over the world that way.You are crazy if you buy into dividing your self over which abuser is better.The Lib abusers,or the Conservative abusers.You are the enemy of the state regardless as long as you have two nickles to rub together.
I was about to say " a plague on both their houses"... til I saw the X's in the skies yesterday
Pammy,you have to get out of not noticing that many of our problems are from Jews in our government.
Kagan is just another one.
If Kagan is approved,she will be the 4th Jew on the supreme court,that would mean we have 40% Jewish supreme court when Jews are only 2% of the nation.
When you consider that Israel has costed us 1.7 Trillion since 1973,you then realize that we no longer control our country and that a foreign group is.
I say enoughj!
It's disappointing to read by a few here that disagreement as to Kagan on the Supreme Court has boiled down to the fact that she's Jewish. In Kagan's case, she's obviously ethnic as Jewish but she's also obviously not religious, anything but, so in Kagan's case, it's an ethnicity only; it's her political "dna" that's the problem, she's also obviously a Marxist, molded after Stalin as Obama and his Admin. are, which, in Kagan's case, seems outright anti-semetic of her. Focus on her character not on her ethnicity.
Focus, also, on associations and the actual "jobs" Kagan has done, with and for whom on what: she was nominated to Dean at Harvard Law by the likes of LARRY SUMMERS, she was adviser to Goldman Sachs particularly when GS was at the height of their, uhh, "irregularities", she was adviser to Bill Clinton when he lied under oath, she was adviser to the DNC...she is obviously NOT a person who provides ethicaly "advice" nor are her associations those that reflect a -- shall I say -- constructive effort toward an honorable performance.
As big a piece of news that this neurotic lesbian freak (freak as to neurotic) is being nominated to the supreme court is that Obama nominated her. This action lays bare the truth that Obama is a Trojan horse - a menacing foreign foe introduced as a domestic gift from God. How perfect that the banksters selected an oppressed "black" man! They couldn't have chosen a greater collection of fools to play him against, as well.
If there were any doubts - for thinking people- about Obama previous to this and the East Jerusalem puppet show, I hope they are fully erased in the minds of patriotic Americans with uncompromised or undamaged faculties of reason!
What about our country?
What about it? The question now is, What about our very lives!
When these people get into power, it means mass genocide.
I can't stand Kagan, she smokes cigars which the height of elitism. And she, like every other Supreme court Justice for the last 30 years, has favored the dominence of the State and Corporations over small business and individual citizens. Every Supreme Court Justice is a former prosecutor like Kagan, and not a public defender.
I'm sick of the Anti-Citizen Socialist Justices. You can tell too cause none of them are protestants, atheists or buddhist. They are all from litigeous anti-individual denominations.
Verne, you have to register your guns, and if you knew history, you would know that every gun law has a corresponding drug war escalation. Reagan passed an anti-gun law in California and then when Nixon on us as President. FDR's drug czar got through a gun law as a model for his next law which was the marijuana tax stamp act of 1937. Guns and drugs. To stop drugs, they have to take your guns.
collapse has a nice way of reducing all evil to manageable form. the trick though, is to survive the collapse. a few people will of course, I hope and pray that they are the "right" people. ha ha ha
I suppose adding this Kagan character to the mix only makes sense.
While we are in the process of flushing our country down the toilet, we may as well stink it up a bit first.
Has anyone besides me noticed the decline in the quality of public appointees? The SCOTUS once was a place for Constitutional scholars and great legal minds. With the last appointee (a "wise Latina woman") and this nomination, it seems that SCOTUS is becoming no more prestigeous than a trailer park. Or maybe President Moonbeam (like FDR before him) just wants SCOTUS to be another adjunct of the Oval Office.
Citizens of this country need to start scaring the government. The Socialist lackwits that are currently in charge need to be reminded that there are millions of americans with guns who can hit a target.
Quit That! Or the ADL may come after all of you for being Anti Jewish saying all those nasty things about that sweet little cute Jewish girl . Who needs free speech anyway ?
It appears the context of this regulation is prohibiting corporate freedom of speech, not individuals. Although I appreciate that sentiment I don't really agree with it. You really need a deeper analysis than 'lib lib lib"
Kagan is taking flak for mostly hiring "white people" at Harvard. I cannot find a comprehensive list of the people she hired but so far every name I have found is jewish. Kagan hired mostly jews and the media is claiming they are white.
Jews do not think of themselves as white unless it helps them make minorities hate white people. Divide and conquer is the game. Jews control 35% of the USA's wealth and are 3% of the population. Blacks and latinos together are 33% of our population and control 1% of the wealth. Do the math and you will see jews are the real racists. Class in the USA is decided by wealth and the jews have made sure the minorities stay lower class.
Tell me if I am mistaken, but don't the basic laws of corporations apply to individuals and vice-versa?
Somebody in the Obama administration is fomenting hate simply by positioning prominent jews in all positions as our country is sucked dry. Eighteen of the first nineteen czars were jewish, the three recently appointed to the Federal Reserve were all jewish, now a supreme court justice, also jewish. The Obama administration's top advisers, Rahm Emanual and David Axelrod, both jewish. The Goldman Sachs people almost exclusively jewish, the Federal Reserve almost exclusively jewish, the media, the investment houses, the entertainment industry, the publishing industry, diamond industry, on and on and on... This cannot be mere coincidence. I believe someone is setting up the jewish people to be blamed for the end of America and these poor people have had enough blame heaped on them for a lifetime. Those whom are placing jews in all prominent positions are to blame, not the jews.
Leave the poor jewish people alone and stop making it look like they are responsible for all these crimes.
White satanic TYRANNY worldwide!!
Wow!! how many u people hate Jews, Racist Much?!!!
Kagan(ovitch) is the 2nd consecutive jew for scotus. It looks like jews own and run everything but 99% of the jew mASSES are even more brainwashed than the libtarded lemmings. Divide & conquer, print fiat money & acquire, deceive & steal; it's a bankster-run game.
Folks, I can see that I need to intervene here and quickly condemn and disavow all anti-Jewish sentiment expressed by some posters here. My opposition to the Kagan nomination has nothing to do with her ethnicity or religion, her gender or sexual preference. My concern is based solely upon her record, her beliefs, her ideology, her political philosophy, and what she has done in the past with regard to the U.S. military, free speech, abortion, and Socialism.
There is plenty enough there that causes great concern than to descend into the gutter of anti-semitism and personal attack.
In fact, I will go ahead and say that this thread is going to be closely monitored today, and all further such personal and anti-Jewish attacks will be promptly deleted.
Anthony....Yes it would be good to stay on track, on the same page and deal with the issues. I can understand a comment about the percent of Jewish persons on the supreme court as compared to other religions, but lets not make it a Jew bashing blog site !
As a Jewish American I will tell you that this turn of events is disturbing.
Americans have learned nothing from history. They know nothing about the Jewish Frankist planned destruction of the world. These are not 'theories', these are long sought goals of a disturbed minority who wield the greatest power on earth.
Kagan is part of this cabal to bring down the US.
The country has been overtaken by the vilest of filth. It is up to every American and especially those of Judaic persuasion to recognize and join in, in the battle for the soul and freedom of humanity.
This is not self hating antisemitism, this is not the boy who cried wolf. These particular Jews have been behind the take down of many a fine society and replaced it with Hollywood decadence and a surreal establishment of Hell.
Time to fight, fight and fight until the knowledge of truth is spread and the bonds of enslavement broken!!!
RE:John
The founding Fathers were never afraid of the jews, what source u get this from? Beck or Rush?
Phil--true. I have no intention of allowing anti-Jewish shills to overwhelm this site. As anyone who knows me and has read my many articles and blogs, I support Israel and Netanyahu 100%. As for some Jews in America, such as Rahm and others, well, they have sold their souls by throwing their own heritage under the bus. We can talk about individuals, but I will not allow generalizations about Jews, which are simply untrue.
What a d-bag. I cant believe Americans are putting up with this garbage.
WHERE WERE YOU FOR 8 YEARS UNDER BUSH/CHENEY? DID YOU FORGET WHAT THEY DID TO THIS COUNTRY?
TaxExempt--That line is a talking points memo straight from George Soros, you shill. Where was I? Writing about the dangers of the Bush Administration's policies on the southern border and free speech.
A better question--if Bush disturbed you, WHY ARE YOU NOT MORE DISTURBED BY WHAT THIS MARXIST IS DOING TO THIS COUNTRY! WHERE ARE YOU NOW???????????????
Just shut the hell up.
RE:Anthony G. Martin
So under Bush 8 years was good for you? low gas prices, housing market fantastic, wiretapping American no problem, torture, as long as it not you…., etc..etc… etc So we should forget about the past? So we can repeat it?
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