Kagan and anonymous America

“Even after the [1980 Senate election] returns came in, I found it hard to conceive of the victories of these anonymous but Moral Majority-backed opponents.” —Elena Kagan in The Daily Princetonian
None of us wants to be judged for all the foolish things we said and did when we were 18. Or even 20. So it may seem unfair to be criticizing Elena Kagan for her rather revealing writings from her days at The Daily Princetonian. After all, Kagan’s defenders would say she has had a lot of life experience since then.
Indeed she has. “Experience keeps a dear school,” wrote Ben Franklin, whose life experiences surpassed any other in the 18th century, “but a fool will learn in no other.” The question we should consider is whether her life experiences give any evidence of a change from those youthful, revealing writings? I suggest they do not.
Many of us have seen The New Yorker cartoon that shows a map of Manhattan. The borough dominates the foreground of the illustration. Beyond are the Palisades of New Jersey.
Beyond that, the rest of America and, in fact, the world shrinks to insignificance.
The Rocky Mountains appear as mere gumdrops.
It was The New Yorker’s spoof on New Yorkers and their blinkered worldview. It was a way of updating P.T. Barnum’s jibe: “Once you leave New York, it’s all Bridgeport,” meaning Bridgeport, Conn.
Pauline Kael, the famous film critic of The New Yorker, is widely quoted as having said of the 1972 presidential election: “I can’t believe Nixon won. I don’t know anyone who voted for him.” Yes, those people who voted for Nixon were all “anonymous.”
Note in the Kagan quote above how she dismisses Sens. Chuck Grassley, Dan Quayle, James Abdnor, and Steve Symms. They are “anonymous.” They don’t even rate being named. But they were backed by the Moral Majority. Which means that probably a lot of anonymous Christian voters helped put them in office.
Those Christians and other anonymous voters dared to rise up and oust pillars of the Senate pro-abortion establishment: liberal icons like John Culver, Birch Bayh, George McGovern, and Frank Church. Campaign donors from Manhattan’s West Side kept those worthies in office for decades. Those West Siders are Kagan’s more enlightened neighbors.
The defeated Senate liberals, shielded for years by a compliant media, had been able to deceive their Midwest and Mountain State voters. At home they avoided the term “liberal.” Even today, Barack Obama and Elena Kagan prefer to be called “progressives.” Back in 1978 and 1980, however, a whole raft of those liberal senators was sent packing by voters who got wise.
Tom Daschle was able to keep his home folks act running for a quarter of a century. In Washington, the soft-spoken Daschle operated like a liberal’s liberal. He ran to Hollywood to raise money for his party’s candidates, touting them as representatives of the “pro-choice” party they were. But when he went back to South Dakota, he ran to Mass, played up his Catholic upbringing, and sounded like the aging altar boy he was. John Thune finally put an end to Daschle’s posturing in 2004. Thune’s probably anonymous to Kagan, too.
Elena Kagan’s act is another run of the Daschle dance number. She is making the rounds this week of Senate offices. She’s even hit an anonymous Republican senator’s office or two. She will make every effort to charm them.
None of this should obscure the fact that she is a far-left nominee. She is an open admirer of Judge Aharon Barak, Israel’s self-described activist Supreme Court judge. She calls this Barak “my judicial hero.” If Kagan is confirmed, she could be sitting on the U.S. Supreme Court for the next 40 years—40 more years of judicial activism.
And if members of Congress don’t like her brand of judicial activism, they can be referred back to a letter she wrote in 2005. As dean of Harvard Law School, she thought that the very idea of criticizing activist judges was “irresponsible” and “harmful to our constitutional system and to the value of a judiciary.” Shut up, she explained, to those pesky, anonymous elected members of Congress. They were probably put in office by those annoying people who don’t respect their betters—those, those voters.

















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back to top68 Comments to “Kagan and anonymous America”
Kagan lives in an arrogant bubble, never stooping to rub elbows with ordinary Americans, never encountering the consequences of her policies and opinions in the lives of other people. What a difference it would make in her life (and ours) if she acknowledged the God who rules over us all, and will one day judge us all according to His righteousness.
We can pray her eyes are opened to the value in each human being as God’s special creation and Christ’s purchased possession, and becomes a little humbler because of it.
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Maybe it’s me, but this post did not come across clearly to me.
I’m still confused on the context of that quote. What New Yorker cartoon? Who? What? When? Where? How? Why?
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It seems to me that she’s been remarkably consistent since she was 18 or 20, and as mother always said — leopards don’t change their spots.
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Thank you for this report of how she seems to regard the rest of us who are outside of her charmed circle.
When I first saw the title I thought it was going to address how she wants her personal life to have an anonymous label by which to be known to Americans and especially to those who will have to vote for or against her. Doesn’t she consider herself to be a foe of “Don’t Ask, Don’t Tell” yet that is what she and her circle seem to be asking people to do in her case. The irony of it all is astounding if I am understanding what I have seen in this circus so far.
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Her father was a lawyer, her mother a teacher, she’s never known any kind of want. How can she relate to the rest of us little people?
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Obama claims that Kagan understands the law “not as an intellectual exercise or words on a page — but as it affects the lives of ordinary people.” That sounds to me like she believes in the same “living constitution” as her old boss Thurgood Marshall who thought it should be interpreted according to contemporary culture.
After she argued the Citizens United case, Chief Justice John Roberts concluded, “As a free-floating test for First Amendment coverage, that [proposition] is startling and dangerous.” Her opinion of free speech, especially political speech, isn’t very free for us anonymous people, when she leans toward the government’s control of books, too.
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Should we be surprised when the politically powerful whine when the judiciary stops its efforts to deny justice to those whose political power is less?
Heck, if it were up to white evangelicals, Blackwell would still have to use a separate drinking fountain in certain states. He should be thankful for judicial activism.
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I worked in a ghetto school for 29 years. In all those years, I never put a political bumper sticker on my car. I didn’t want it keyed. I knew my neighborhood. Would such a thing have crossed my mind in a “Republican” neighborhood?
One election day, I did hear another teacher joke about voting at both her old address and her new address. I also heard that Bush wanted to make Black people back into slaves…
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#7 RSD
“Heck, if it were up to white evangelicals, Blackwell would still have to use a separate drinking fountain in certain states.”
Where do you come up with ideas like this? If we evangelicals are so despicable, why do you even come here? While not accepting your criticism as valid it occurs that either you should never come to WMB or I ought to never have anything to do with you because of your horrible comment. Oh well, Jesus never gave up so neither should I.
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RSD, you sound like a very bitter Black man. Which politically powerful people are you complaining about?
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RSD’s comment was despicably hateful and racist. I don’t appreciate that kind of blatant racism–playing the race card without just cause. RSD should try to pursue a little “justice” himself.
RSD does not know history either. The anti-Christian and atheists Darwinists did more to promote segregation a hundred years ago than evangelicals did. While some from all groups were part of the problem, the evantgelicals were by and large part of the solution.
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Bob, Louise, Joel,
You must live in an alternate reality. From 1880 to 1960, the white population of the South was almost uniformly evangelical. It was the South’s “Christian culture” that enacted Jim Crow laws and largely disenfranchised the African-American population.
Southern segregation was a cruel demonstration of what happens when courts do not use their power to prevent a majority social group from using its political power to take advantage of minority social groups. It was an activist Supreme Court that took the lead in bringing an end to this injustice that the South’s white evangelical population perpetrated against African-Americans.
Blackwell presumes that the Court should accept the desires of the majority as legitimate. This is precisely what the Court cannot do. Its purpose, at least in part, is to prevent the majority from using its electoral advantage to work injustice against those who dissent. That’s certainly what happened in the 1954 Brown decision.
So, in a sense, I’m trying to point out the stupidity of the “judicial activism” meme. Every loser believes that the judge or jury departed from the law and exhibited an activist streak. So, it’s really a hollow criticism that encourages disrespect for the judiciary.
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RSD, granted that the outcome of civil rights decisions was a good outcome, what if the courts had ruled the other way.
What if the courts ruled that state governors could execute people at will or that homoseuxal people were not qualified for public office. The problem with judicial activism is that it could be on the side of right, or it could be on the side of wrong. It creates a virtual oligarchy that supplants our federal republic.
What if fundamentalist Christians stacked the courts with people who would outlaw all abortions? Would you feel the same way about judicial activism then?
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RSD, surely you are capable of better than tossing around worn-out phrases like “white evangelicals” so perjoratively. Is it the skin color or the christian belief system that is so rank to you? Or both?
Seriously, try to examine your real motivations and thought process. Abandon the position of name-calling on the basis of skin color or admit that your comment about “white evangelicals” is as inappropriate as saying any parallel comment about asian buddhists or arabic muslims.
For that matter, the constant, drone of nonchristians bludgeoning christianity for every ill of history is uninspired; the comment of “white evangelicals” is at least as much a meme as is judicial activism, if not moreso.
Now, talking about the article…The post by Kyle A is well put.
Judicial activism cuts in any direction. What if we had chief justices who tried to objectively interpret the constitution, instead of ones who are appointed according to what any sitting president believes will accomodate his political view? Could we all havecommon ground–when it comes to interpretation of the law–that the constitution alone would appeal to a greater majority than any current political party’s idealogy? I will choose the constitution over judicial activism.
In reality we can’t deny the fact that we are human and will have our biases (whether it is in regard to ice cream preference or political ideology). No one is immune to this, including chief justices. So we won’t have a perfectly objective constitutional ‘interpreter’ in any circumstance.
So perfection not being realistic due to human nature, must we throw out the baby with the bath water, quit trying, and instead meekly slog along without objection to such polar appointees? That appears to be the point with comments that lecture the simpletons like me about how ’shallow’ phrases like ‘judicial activism’ are. Judicial activism is real and has the potential to be hideous in any direction, just like it was hideous in the era of “separate but equal”–lets not go back there or to any similary inappropriate interpretation of our constitution by condoning a potentiall politically-motivated, activist, judiciala appointee.
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KyleA: What if the courts ruled that state governors could execute people at will or that homoseuxal people were not qualified for public office.
If courts had made such rulings, they would have — at least in some cases — been following the will of the majority, as Blackwell thinks they should.
The problem with judicial activism is that it could be on the side of right, or it could be on the side of wrong. It creates a virtual oligarchy that supplants our federal republic.
No, the problem with judicial activism is that it’s become just another meaningless buzzword that people — usually, but not always, conservatives — use without thought as an epithet. When a judge rules in a way you don’t like, just accuse the judge of being an “activist judge.”
In most cases that I’ve seen, what it usually means is the judge is upholding a Constitutional principle or a law over the desire of an interest group (which means that no, it isn’t sometimes right and sometimes wrong).
And that’s precisely what judges should do, as RSD correctly notes. As much as some of you are howling about his post #7, he’s exactly right. It was “activist judges” who, ruling against the majority, overturned segregation.
Which only illustrates another point: That you only hate “activist judges” when you disagree with them. During the Terri Schiavo controversy, conservatives were hoping for an activist judge to set aside the law and rule according to their desires.
Joel Mark’s absurd accusation of “anti-Christian and atheist Darwinists” being behind segregation is ludicrous. In the South of the past century such people barely existed. White evangelicals were the driving force and while I’m glad to see that evangelicalism has moved beyond and repudiated that, rewriting history to cover it up is not acceptable.
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Steve, I thought Brown v. Board (9-0) decision was based upholding the Equal Protection Clause. I don’t call that judicial activism, or is that what you also implied.
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Louise, no, that’s just what I’m talking about. The Court upheld the rule of law against the will of the majority. The term “judicial activism” was not in vogue then, but if it had been, a lot of people would have used it in regard that decision.
Judges are really not making up laws on their on whims. Most of the time, “activist judge” just means a judge who upholds a law that the accuser dislikes.
The final paragraph of Blackwell’s original post seems to imply that the judiciary should be persuaded by what the voters want, and that is wrong. The legislators and the executive branch are supposed to listen to the voters, but the judiciary very explicitly is not. The job of the judiciary is to uphold the law and the Constitution without regard to the whim of the moment among the populace.
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SteveG, no that is completely false. Conservatives use the term “judicial activism” to refer to rulings that are not based on the Constitution but on the judge’s personal views and that are intended to advance the judge’s political agenda rather than uphold the Constitution.
To an honest consevative, which I hope I am, it does not matter if the activism is leftist or rightist.
I do not want judges that support conservative views; I want judges that support the Constitution. Please refrain from claiming otherwise about conservatives in general and about me in particular.
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Blackwell doesn’t provide us a link so we can read the full context of the letter from which he mines a few choice partial quotes (an honest oversight I’m sure). I am pretty sure that if read in context, we’d find that her point was not “critics shut up” as Blackwell wants you to think, but more along the lines of what I said above … that “judicial activism” very often just means decisions that are legally right but not liked by a vocal segment of the population. And as such, the constant barrage of criticism damages the ability of the judiciary to do the job it is Constitutionally required to do.
If anyone finds the actual letter, please post a link. I haven’t yet been able to locate it.
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Kyle: SteveG, no that is completely false. Conservatives use the term “judicial activism” to refer to rulings that are not based on the Constitution but on the judge’s personal views and that are intended to advance the judge’s political agenda rather than uphold the Constitution.
I know that is what the claim is. What I’m saying is, I’ve not seen examples where that’s actually true. Do you have some?
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RSD, FYI, most of the “Jim Crow” laws were inacted or put in place by the carpet-baggers. Most Southerners had had a lot of experiance with black people and thought of them as equals in many respects.
Keep in mind that slavery might very well have disapeared before the 1860’s had the NORTHERNERS not made laws requiring that
Slaves not be granted manumission
Slaves not be taught to read (to their credit, many people disobeyed this one)
All men eligable for military service work in “slave patrols” (this is where the “patarollers” came from; they didn’t want to be out looking for slaves, they wanted to be at home with their families)
Slaves be counted as only 2/3 of a person (the southerners wanted them to be counted as fully human)
Slaves not be able to purchise their freedom
Slaves not be able to hire themselves out.
Also, atheism was very fashinable in the 1840’s-1880’s in both the North AND the South. Most of the major abolitionist groups were headed by Christians. Quakers were far and away the people most involved in helping slaves escape.
Also, you may want to look these up.
Lincoln’s Emancipation Proclamation freed nobody.
Robert E. Lee was an abolitionist.
There was a slave state in the Union and MANY slaves in even “free” states (they just couldn’t be bought or sold).
Many Union cities cracked down on escaped slaves and returned them to their former “masters” with laws passed ON A STATE OR LOCAL LEVEL.
While certainly nobody is perfect and there were/are undoubtably racist Christians, it is unjust to say that Christians were the driving force behind slavery.
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I have two words for SteveG — CITIZENS UNITED!
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NJLawyer 05.14.10 AT 1:13 PM
I have two words for SteveG — CITIZENS UNITED!
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I have two more “GAY RIGHTS”
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Separate of Church and State is another one.
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SteveG, try to take the time and listen to Kagan’s oral argument in her defense of Citizen’s United. As SG, that was her job for the Obama administration, but she went overboard to include other kinds forms speech. Even the justices were taken by surprise. You can find it on the C-SPAN website, among others probably.
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Kyle,
My point is this: The term “judicial activism” has no meaning. In every court judgment, there is a winner and a loser. The loser generally believes that the judgment reflects a measure of judicial activism, i.e., a departure from well settled principles of law. If he didn’t believe that, he would have settled his case before judgment was rendered. Thus, one party’s “judicial activism” is always another party’s “justice”.
For a number of years, conservative Christians have tried to use their numerical advantage in the US to pass laws that would confer benefits upon themselves at the expense of others. Since the late 1950s, the courts have stepped in, and have ended many of these unjust practices (e.g., racial segregation, criminalization of abortion, compulsory prayer in schools). Because of their majority status in many parts of the country, conservative Christians would prefer a weak Constitution–a Constitution that renders no legal aid to the victims of injustice. Conservative Christians envision a Constitution whose rights are narrowly construed so that those rights are easily abridged by clever drafting of laws.
Conservative Christians want to limit the Court’s power to de jure violations of the Constitution, and prevent the Court from addressing de facto violations. This notion is inconsistent with the whole purpose for having a Bill of Rights.
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Citizens United was not judicial activism. I disagree with the majority’s interpretation of the First Amendment, but I would never claim that they just made up their own law — the key claim of “activist judge” accusations.
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Steve, I think you’re right. From what we already know of her “paper trail” and how she argued against our freedom of speech in Citizens United, I’m afraid we already have big hints of judical activism if she’s confirmed. That’s the way I see it so far.
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Looks like this President found his own Harriet Myers. Lets all enjoy a good laugh at another unknown lawyer with no judicial experience being given the opp for OJT as a Supreme.
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Louise: Nope. No judicial activism there either. The dispute was simply over whether the First Amendment is for individuals, or also applies to business entities.
You had two possible ways to read the amendment, both of them completely reasonable and neither of them clearly the correct one, and the Court ruled. I disagree with the conclusion they reached, but I can’t say it’s not a legitimate way to read it; just not, in my opinion, the better one.
Thanks for illustrating my point. “Judicial activism” just means legal rulings, or arguments in this example, that you don’t like. It doesn’t actually mean inventing a new law out of thin air, as it is supposed to.
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Sawgunner’s criticism is much more relevant. Her lack of judicial experience and record is a serious drawback and reason for concern, and I won’t be surprised if she is derailed as Harriet Miers was and for much the same reason.
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Steve, my point was HER judicial activism if she’s confirmed. Sounds like she wants the government to decide if speaking your mind is ok based on its effect – including in books.
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Sounds like she wants the government to decide if speaking your mind is ok based on its effect – including in books.
What has she said that makes you think that?
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They are beginning to release some of her “work” from the Clinton Administration.
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I have no idea what CSNNews is, but:
http://www.cnsnews.com/news/article/65600
This has to do with the First Amendment and Citizens United. Kagan is in favor of government control of speech. Another one who doesn’t understand the word NO.
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And then there’s her theory of “redistribution of speech” –
http://kaganwatch.com/2010/05/12/kagan-argued-for-redistribution-of-speech/
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Just sayin’.
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“The answer to this question involves viewing the Buckley principle [that government cannot balance between competing speakers] as an evidentiary tool designed to aid in the search for improper motive,” Kagan wrote. “The Buckley principle emerges not from the view that redistribution of speech opportunities is itself an illegitimate end, but from the view that governmental actions justified as redistributive devices often (though not always) stem partly from hostility or sympathy toward ideas or, even more commonly, from self-interest.”
Kagan notes, however, that such “redistribution of speech” is not “itself an illegitimate end,” but that government may not restrict it to protect incumbent politicians or because it dislikes a particular speaker or a particular message.
The government, she concludes, may not express its disfavor with an opinion or speaker by burdening them with restrictions or prohibitions, unless it can show that their speech is causing some type of public harm.
“The doctrine of impermissible motive, viewed in this light, holds that the government may not signify disrespect for certain ideas and respect for others through burdens on expression,” Kagan wrote. “This does not mean that the government may never subject particular ideas to disadvantage. The government indeed may do so, if acting upon neutral, harm-based reasons.”
Kagan says that government is also prohibited from treating two identically harmful speakers differently. To do so, she argues, would be to violate what she views as the principle of equality — making the unequal restriction unconstitutional.
“But the government may not treat differently two ideas causing identical harms on the ground that thereby conveying the view that one is less worthy, less valuable, less entitled to a hearing than the other,” she wrote. “To take such action — in effect, to violate a norm of ideological equality — would be to load the restriction of speech with a meaning that transcends the restriction’s material consequence.”
What a radical!
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Per the excerpt above: It sounds to me like her argument is that government can NOT restrict the free speech of anyone based on simple ideology or out of some desire to give competing messages equal exposure. Instead, she says, the government would have to show the speech is causing actual harm in order to restrict it.
Kagan did not invent the idea of “redistribution of speech,” and here she’s arguing against it except in narrow circumstances where harm can be demonstrated.
That is pretty much just the opposite of what you want people to believe about her.
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SteveG, You are highlighting the wrong areas.
In other words, the government may restrict speech which it deems “harmful”. Deciding which speech “harmful” is purely subjective in the mind of the hearer. And so the government now becomes a judge of thoughts. This turns the 1st Amendment on its head by limiting speech rather than governmental power. It gives the hearer of speech unconstitutional rights against the speaker.
Kagan inverts the Bill of Rights by favoring increased government power to push her activist agenda. Hate speech legislation, such as the thought crime laws enacted in England are being used to throw Christians in jail and take foster children away from parents who refuse to teach them about homosexuality.
This is what happens when we depart from the rule of law, to rule by feelings.
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Xion: Except that she’s arguing against the more restrictive notion that government should be able to censor speech it simply doesn’t like, or should be able to try to equalize the prevalence of speech favoring opposing points of view. (She might oppose the Fairness Doctrine, for example).
This is an argument for minimal restriction. That is, unless the speech actually causes harm, it can’t be limited. This is shouting “fire” in a crowded theater when there is no fire … in other words, she’s arguing that speech should not be limited except in narrow circumstances of demonstrable harm.
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#41 SteveG “This is an argument for minimal restriction. That is, unless the speech actually causes harm, it can’t be limited.”
How do you know what Kagan’s definition of “harm” is? In her 1993 article in the Chicago Law Review, “The Regulation of Hate Speech and Pornography after R.A.V.” (Vol. 60, number 3/4, summer – autumn 1993), she argues as follows:
She takes it for granted that certain forms of speech should be censored for the benefit of society, but she realizes that the Constitution makes this difficult.
And so, the rest of the essay goes into her plan for achieving her activist goals for making a better society by getting around the Constitution. The bottom line is for society to merely classify whatever speech it doesn’t like, like “pornography and hate-speech regulation is harm-based.”
Since harm by words is purely subjective, what she is really advocating is the regulation of thought.
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Here is the link to Kagan’s 1993 article in the Chicago Law Review, “The Regulation of Hate Speech and Pornography after R.A.V.” (Vol. 60, number 3/4, summer – autumn 1993).
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Miguel Estrada came out in favor of Elena Kagan’s confirmation. Estrada is one of the brightest young conservative jurists in America. If he sees no problem with Kagan, why is the evangelical world having such a hissy fit? Who looks stupid now?
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RSD “Who looks stupid now?”
Um, is this a trick question?
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Steve 33, listen to her SG argument against the political speech of Citizens United – and how the justices question her, both during and after. Sheesh.
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Louise: I read the transcript. I don’t see anything there to support a charge of judicial activism. I see that she interprets the First Amendment differently than the majority eventually ruled, but that is not “activism.” Her interpretation is not an illegitimate one.
Tell me specifically what leads you to make that charge.
While you’re at it, tell me why you think it’s good and in keeping with the Bill of Rights to allow multi-billion dollar corporations to drown out the speech of individuals.
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XIon: And so, the rest of the essay goes into her plan for achieving her activist goals for making a better society by getting around the Constitution. The bottom line is for society to merely classify whatever speech it doesn’t like, like “pornography and hate-speech regulation is harm-based.”
I’m glad you provided the link, because it makes it easy to see how egregious a misrepresentation this is.
Her paper applauds the protection of those forms of speech (and it’s kind of ironic that you’re defending pornography here … I guess you consider porn preferable to support for anyone Obama nominates). She is not advocating anything like what you describe. She’s just analyzing how a particular court decision changes the legal landscape — and she focuses on pornography and hate speech because those things were the core issues in the case.
Come on.
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Xion: Here’s an example of how you mislead by selective quoting. In #42, you quoted this passage from the law review article:
“This Essay on the regulation of hate speech and pornography addresses both practicalities and principles. 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.”
You stop there. The very next sentence, not included in your quote, is: “I do not take it as a given that all government efforts to regulate such speech thus accord with the Constitution.”
In short, far from arguing for censorship as you claim, she’s saying that even though certain kinds of speech are harmful, it does not follow that any attempt to control or squelch it is therefore acceptable.
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#49 How am I misleading? Did you read my second quote in #42?
The theme of her entire paper is that there is certain speech that society finds distasteful and wants to censor, but cannot because of the sticky wicket called the First Amendment. The court struck down a hate speech law and her purpose was to show how to make hate speech legislation stick by using “alternative means” and “changing the nature of the debate.”
This is progressivism 101. She gives a number of techniques for how to argue censorship cases that the court will accept, given its history of cases that have made it through. The most prominent technique is to label any speech you don’t like as harmful.
But this is all slight of hand and smoke and mirror strategies for jamming through an agenda deemed “good for society” which otherwise would be considered unconstitutional.
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Kagan IGNORED the questions from the Supremes at oral argument on Citizens United no matter how many times they tried to take her where THEY wanted to go. That’s not what you do in oral argument. You answer the questions the judges want answered.
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Xion: I think you’re putting an ideological spin on a neutral paper. SHE doesn’t characterize the First Amendment as a “sticky wicket” to be gotten around. You read that into her words. She does not seem to take the low view of it that you ascribe to her.
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#52 You think? Got any facts to back that up, such as the ones I provided?
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The facts are all in the paper to which you linked. You’re reading it through the lens of your preconceptions and seeing things that I don’t think are there.
In #50 you called my attention to the second quote in #42. It is:
“The question I pose is whether there are ways to achieve at least some of the goals of the anti-pornography and anti-hate speech movements without encroaching on valuable and ever more firmly settled First Amendment principles.”
You read this as her trying to find ways to get around the First Amendment in her activism. I don’t see that at all. I see it as her simply acknowledging that the First Amendment protections are “valuable and ever more firmly settled,” and then setting out to examine the legal routes that may be available regarding hate speech and pornography.
This is a Law Review article, remember, which are not about advocacy, they’re about analysis. I don’t see a reason to think this is anything more than that.
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#54 SteveG “You read this as her trying to find ways to get around the First Amendment in her activism.”
No, you accused me of misrepresentation. I pointed you to the second quote to show you that I am accurately stating her point of view.
But as I stated in #50 and quoted Kagan as saying, the whole purpose of the brief was that the court struck down a censorship case and so she analyzes what happened and proposes numerous ways to accomplish the censorship that she says society wants, but which the First Amendment prevents.
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This is an example of code used within
a paragraph to talk about the
index.php,sidebar.php, andheader.phptemplate files in WordPress.
header.php
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This is an example of code used within
a paragraph to talk about the
index.php,sidebar.php, andheader.phptemplate files in WordPress.
header.php
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Section Three TitleThis is the start of a good relationship between you and I and I think you should read it because it is important that we have these little conversations once in a while to let each other know how we feel….
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{border: solid 1px blue;
font-size: 1.3 em;
color: blue;
margin: 10px;
padding:10px;
background: #FFFFB3}
code {font-size:1.2em;
color: #008099}
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