The Bounds of Silence

Obama’s Supreme Court pick looks wobbly on freedom of speech.

Last month New York Times legal writer Adam Liptak said two recent Supreme Court cases "suggest that the Roberts Court is prepared to adopt a robustly libertarian view of the constitutional protection of free speech." Elena Kagan, President Obama’s nominee to replace retiring Justice John Paul Stevens, was on the losing side in both.

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. Together with some of her academic writings, her arguments in these cases provide grounds to worry that she will be even less inclined than Stevens, who has a mixed First Amendment record, to support freedom of speech.

Defending a 1999 federal ban on depictions of animal cruelty, Kagan boldly asked the Supreme Court to recognize a new category of speech that, along with such historical exceptions as defamation, incitement, and obscenity, is entirely outside the scope of the First Amendment. "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: "The First Amendment's guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it."

Defending federal restrictions on political speech by corporations, Kagan tried to paper over an equally startling claim by Deputy Solicitor General Malcolm Stewart, who had told the Court that the Federal Election Commission could ban books in the name of preventing the appearance of corruption. "The government's answer has changed," she said during a second round of oral arguments in September. But it later became clear that she agreed with Stewart, although she tried to reassure the Court by emphasizing that so far the FEC had not tried to ban any books.

There is evidence in Kagan's academic articles that her overzealous defenses of federal censorship were more than a function of her job. In a 1993 essay published by The University of Chicago Law Review, for instance, she suggested how supporters of bans on pornography and "hate speech" could pursue their goals despite that pesky First Amendment. Her proposals included bans on "works that are both sexually explicit and sexually violent," a redefinition of obscenity to focus on material deemed harmful to women (which would then be unprotected—an idea that anticipated Kagan's argument in the animal cruelty case), "hate crime" laws that boost penalties for existing offenses when they’re motivated by bigotry, and laws "prohibiting carefully defined kinds of harassment, threats, or intimidation."

More fundamentally, Kagan's understanding of First Amendment law, described most fully in a 1996 University of Chicago Law Review article, suggests a tolerance for censorship when it is appropriately disguised by euphemisms. In Kagan's view, the main goal of First Amendment doctrine is not to maximize freedom or promote robust debate but to ferret out impermissible motives for speech restrictions.

While the government may constitutionally restrict speech based on "neutrally conceived harms," Kagan says, it may not restrict speech based on "hostility toward ideas." But as she herself more or less acknowledges, this distinction ultimately collapses because people are hostile to ideas they consider harmful.

Whether the issue is pornography, bigotry, dogfight videos, or political ads sponsored by corporations, would-be censors always claim the speech they want to outlaw causes harm. Without a theory about what sort of harm (if any) can justify speech restrictions, we are left with the "ad hoc balancing of relative social costs and benefits" that the First Amendment was intended to prevent.

Jacob Sullum is a senior editor at Reason and a nationally syndicated columnist.

© Copyright 2010 by Creators Syndicate Inc.

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  • ed||

    Sheesh, I'm as mean and insensitive as the next guy, but can't you find any flattering pictures of this woman?

  • ed||

    And yes, her "categorical balancing of the value of speech" is troubling indeed.

  • jk||

    It's a woman?
    I thought it was Pat!

  • Jen||

    +1

  • Wesley||

    The Wall Street Journal tried, and they got accused of outing her.

  • Bruce Majors||

    There are college photos of her where she looks a great deal like Fran Lebowitz, though not as hot. Fran would no doubt be a better Justice, and write much tarter opinions.

  • ed||

    Fran Lebowitz is hot, in an Alan Greenspan sort of way.

  • ||

    The scary thing is, these ARE the flattering pictures!!

  • Some Guy||

    She is Obama's Harriet Miers.

  • Ghost of Schrödinger's cat||

    I don't think the two are comparable. Meirs wasn't the Dean of one of the most prestigous law schools in the world.

  • Bruce Majors||

    Its prestige is due to its log rolling with the tax predator ruling class and the scions of crony capitalism. Duke, Stanford, Chicago, even UT Austin, have had much more important intellectuals in many fields for decades.

  • zoltan||

    Even UT Austin!??! J/k, j/k.

  • ||

    Yeah, we've had such GREAT luck with Harvard alums, why not bring in the Captains of that failboat?

  • Tony||

  • Some Guy||

    What does the fact that Fox News is a bunch of hypocritical assholes have to do with Kagan being the new Miers?

  • Tony||

    In what way is she the same as Harriet Miers?

    She's smart, she's not a crony, and she will be confirmed rather than withdrawn. I don't see the comparison.

    It is quite interesting this rightwing strategy to cut down Obama by pretending like he is as much of a failure as the guy they previously were cheerleaders for.

  • Some Guy||

    Who the fuck are you calling a right wing cheerleader?

    I'd love to see you find me saying one nice thing about Bush.

  • ||

    As opposed to, say, the leftwing strategy to deify him as an historic success in a long line of successes??

  • Eric||

    When you're done swallowing Obama's cum, you can take a look at Glenn Greenwald and other prominent liberals' views on Kagan. It is generally acknowledged that she is seriously under-qualified, even compared to Clarence Thomas and other judges labelled that way.

  • Tony||

    Her resume alone qualifies her as far as I'm concerned. Was Harriet Miers dean of the most prestigious law school on the planet? Was she solicitor general?

    That doesn't mean she'd be my first choice, I just wish people who supposedly aren't Republican shills would stop parroting their Luntzisms of the week.

  • TheOtherSomeGuy||

    She's not a crony? What rock have you been living under?

  • West Texas Boy||

    In Kagan's view, the main goal of First Amendment doctrine is not to maximize freedom or promote robust debate but to ferret out impermissible motives for speech restrictions.

    I am fairly certain Madison wouldn't have written "Congress shall make no law..." if that's not what he meant. I don't think he was brief just to conserve ink and was hoping some frumpy Debbie Downer lookalike toady would clear things up 200 years later.

    People keep asking me what I think about Kagan and I keep telling them the same thing: Obama won the election, it's his prerogative to nominate who he wants, and ANYBODY he nominates is going to be supportive of his views of statism. So what's the point of getting worked up? I hope the Senate gives her hell, but ultimately, elections have consequences and we reap what we (or more precisely, hipsters, millenials, and 95% of (non-racist) blacks) sow.

  • West Texas Boy||

    I guess I should add, if Thomas or Scalia or Alito were to have a heart attack while Obama was in office, then I would care a lot. The circumstances make a big difference.

  • ed||

    People keep asking me what I think about Kagan

    Really? What people? Who are you, anyway?

  • West Texas Boy||

    LOL

    Just an vocal asshole who always has an opinion, hence many people I know who don't watch the news always ask me what I think.

    Not that it's worth a shit. Ha ha.

  • ed||

    On the contrary, it's worth a lot, else there wouldn't be so many blogs and political strategists and opinion polls and people to talk about them and people to talk about the people who talk about them.

  • Kiwi Dave||

    True, but as things stand now, getting Kagan for Stevens is (at worst) pretty much a straight swap. If this were going to actually change the balance of the court, it would be a lot more worrying.

  • TheOtherSomeGuy||

    She's a liberal against the freedom of speech? Go figure...

    It's to be expected, I guess. She was nominated by a guy who just got done telling the US that too much information was a danger to democracy...

    And he said that the two of them see "eye to eye"...

  • ed||

    He meant his purple eye.

  • Captain Kanuck||

    Woof!

  • Rich||

    1) What "category of speech" do discussions of speech categorization fall into?

    2) Sticks and stones ...

  • MNG||

    These views are troubling, but I'm hesitant to conclude that positions one argues as solicitor general are necessarily the same positions one would take as a SCOTUS justice. The job of the solicitor general is to argue the administration's position, not your personal one.

  • ||

    But weren't the articles that the author cited written before she was SG?

  • -||

    Or, as Jacob wrote above:

    "As solicitor general, of course, Kagan has an obligation to defend federal laws against constitutional challenges."

  • Bruce Majors||

    Of course, the positions one supports as Obama's Solicitor General would have nothing to do with your actions as Obama's appointee to SCOTUS

  • ||

    If that were so, I'd expect her to be saying so loudly and clearly. Have you heard team Obama making any such claim?

  • ||

    I understand how it's important to Osama to pander to the lefty base and showcase a dyke whenever he can, and I understand why it's politically correct to solemnly intone why her dykeness is irrelevant, but can they locate one who is physically palatable in ANY way??
    This bitch is Janet Reno ugly.

  • Tony||

    How many super-intelligent women do you know who are also hot? Same question would go for super-intelligent men, but I assume it doesn't matter to you as much in their case.

  • The Angry Optimist||

    Danica McKellar, though I don't know her know her...

  • Brian Trust||

    Megyn Kelly

  • zoltan||

    Yikes.

  • Bruce Majors||

    Janice Rogers Brown is way hotter than Kagan, and superior in every other way too.

  • Tim||

    Hot girls need representation too.

  • ||

    +1

  • ||

    Who's talking hot? I'd go with below average.
    And what's all this about "super intelligent"?? Is Robert Bork up for confirmation again?

  • zoltan||

    Robert Bork

    Speaking of ugly--it would be a compliment to call him a hideous lesbian.

  • TheOtherSomeGuy||

    Asia Carrera. A pornstar who also has a Mensa membership.

  • Bruce Majors||

    If you socialize with lesbians, especially politically connected Democratic Party lesbians, as I did every day from 1997 to around 2004, ending up at fundraisers with Roberta Achtenberg and Jamie Gorelick and Chai Feldblum and parties with Donna Brazile etc etc, you learn that lipstick lesbians, and even sporty, cute, athletic butch lesbians are in short supply. Most of them can probably just marry some heiress or succeed in business, and don't need to become government bureaucrats.

    Unfortunately too many lesbians are dumpy, alcoholic smokers. Probably more than some other groups. Though they have health campaigns (e.g. the Mautner Project for Lesbians with Cancer) where they try to shape up.

  • Tony||

    My sister is a lesbian and I know many others. They aren't typically the most attractive people (my sister being an exception), but they tend to be just as smart and talented as gay men in their own way. We form a useful symbiosis. They need their houses decorated and we need our cars fixed.

  • ||

    These "others". You know them carnally?

  • ||

    I've seen some really bad handyman work done by a lesbian. Sample size of one here, but I think she was so hell bent on doing anything a man can do she forgot the part about not all men being able to do much. She was as skilled with tools as the stereotypical soft-handed white collar worker, but she wasn't afraid to use them. Alcoholic drug-addict too, so there was also that thing going on...

    I'm not sure I have a point to make here...

  • ||

    It is more polite to simply note that she has a face and body meant for radio.

  • ||

    No she is not Janet Reno ugly. Do you need a reminder?
    http://upload.wikimedia.org/wi.....rtrait.jpg

  • Max||

    Nobody worries about free speech as much irrelevant cultists who actually have nothing of interest to say. It's like stupid people fearing the thought police. Shake in your boots, Sullum, you creepy little fuck.

  • Max, simplified||

    Free speech is overrated. The government should be able to control speech as it sees fit. The First Amendment is an impediment to that end.

  • &||

    Or, arf!

  • ||

    "Free speech is overrated." Then don't indulge in it.

  • Wegie||

    A shit for brains picking another shit for brains...what a surprise.

  • Bruce Majors||

    It is remarkable how stupid (though crafty, foxy, and grifting) Obama and Kagan are. No intellectual curiosity; not well read; dishonest; evasive.

    I don't remember my classmates at the College of the University of Chicago in the 1980s being so deficient. And half of them were people who either got wait listed by Harvard or didn't get sufficient financial aid to go there. Is it sclerosis?

  • zoltan||

    Pssst, one's black and one's a woman.

  • ||

    I KNEW it! Obama has a cooter!! I was sure after I watched him throw out that baseball.

  • G Mc||

    What? You mean civil rights aren't absolute? There's uncertainty about the Constitution!? And Kagan, an accomplished legal academic, has explored these issues and has reached conclusions different from yours, Sullum!? My God, it's incredible - who would have thought this was possible?

    Everything's the end of the world for libertarians - does it ever surprise you that America keeps on ticking?

  • Bruce Majors||

    What a moron you are? The kind of fool who was out dancing the day before the Great Depression in some speak-easy.

  • G Mc||

    So if I follow you (which I probably don't), you're arguing that the Great Depression was in part caused by an unwitting public ignoring the policy positions of an overzealous Supreme Court lesbian?

  • G Von Mc||

    What, you mean Jews aren't full German citizens? There's uncertainty about their lineage? And Herr Hitler, an accomplished political philosopher, has explored this issue and has reached conclusions different than yours, Churchill? My God, it's incredible, who would've thought this was possible?

    Everything's the end of the world for Hebrews - does it ever surprise you that Fascism keeps on ticking?

  • jk||

    It's obvious that this woman was picked with the intent of putting someone sympathetic to homosexual issues on the bench.

    But if you dare to talk about this you will be attacked for being an intolerant homophobic bigot.

    Just another example of the gleeful dishonesty coming from the left.

  • Bruce Majors||

    You are wrong and right. Demwits don't want to "solve" gay issues. They want to keep them inflamed to raise money. Gays in harnesses may be the only dependable, milkable cash cows when Obama scares the Jews out of the party.

    And Kagan, Mikulski, Donna Brazile, Hillary Rosen and many other lesbian Democraps peactice "lesbian invisibility" on ABC, MSNBC, and the campaign trail (even though official gay ideology is that this causes teen gay suicides), if it will get them power. They are members of the tax predator ruling class first, homosexuals incidentally.

  • jk||

    My point is that this woman is being picked simply because of her sexual orientation, but nobody is allowed to talk about it.

    It's an act of deliberate dishonesty from the liars on the left.

  • Jersey Patriot||

    No she isn't. If she were a radical libertarian lesbian, Obama wouldn't get near her. This is about picking a toady.

  • West Texas Boy||

    With the nebulous sexual orientation traits as an added bonus.

    But I agree, he's picking a toady.

  • jk||

    I shall revise my statement.
    This woman was picked to represent her group identity, while a "radical libertarian lesbian" would not participate in the openly prejudiced and bigoted (shhh, if you mention it then YOU are the prejudiced and bigoted one) identity politics of the left.

  • ||

    The cash cow for the right is religious wackos. They keep them inflamed which gives them votes and keeps their pockets lined. It seems like half the GOP who vote against gay issues get caught knocking on bathroom stalls.

  • ||

    What decade was this? Sounds like you're talking about the GOP twenty years ago.

  • troll||

    Nobody could be that unattractive and not be homosexual.
    I mean, what man would have that?
    The only way she would ever get some would be with a similarly unattractive woman.

  • T||

    Troll has obviously never been in a dive right before closing. Kagan is Miss Universe compared to some things I've seen guys take home.

  • Bruce Majors||

    Which dyke bar was that?

  • troll||

    George Carlin once said "Here's something you never hear a guy say: 'Stop sucking my dick, or I'll call the police!'"

    In her case I wouldn't just call the police, I'd call SWAT!

  • Alice B. Toklas||

    I think she's pretty hot.

  • zoltan||

  • ed||

    She appears to be thrilled at the choices she has made.

  • zoltan||

    I'm sure she's thrilled about the Prada bags and Manolo Blahnik shoes she gets for boinking that guy. Sacrifices, ed, sacrifices.

  • Bruce Majors||

    Is reason magazine more like a book or more like a pamphlet?

    Funnily, back when the draft was just about to end, and I was just about to turn 18, FBI agents visited the post mistress in the hamlet where I went to boarding school, because I was subscribing to Reason, and other seditious periodicals I had found through it.

  • Dept. of Homeland Security||

    And we're STILL watching you, Bruce. Just waiting for the right moment to take your seditious ass to Gitmo.

  • ||

    You are crazy paranoid conspiracy theorist. I bet they arrived in black hellcopters right? and they confiscated your illuminati cards?

  • ||

    I married a woman who had a lesbian affair but dismissed the idea that she was lesbian. Both women went on to have children.

    BTW my ex went to same upper west side high school that Kagan attended NTTIAWWT.

  • ||

    Bet yer wife doesn't swallow. Betcha.

  • zoltan||

    Bet you do, though.

  • seguin||

    Pics with magazine or it didn't happen.

    PWMOIDH

  • mu||

    I'd expect Kagan to either be a lone dissenter to an 8-1 decision to affirm the Ninth Circuit's ruling in VSDA v. Schwarzenegger, or the author of a separate concurrence that rests on some flimsy technicality.

  • A.W.||

    She is scary, but there is also room for hope: she is woefully unpersuasive. Seriously, she stinks out loud as an advocate.

    btw, if you want to stand up for free speech, join the everyone draw mohammed movement. the terrorists have said that anyone who draws mohammed will be killed and we are calling their bluff. http://everyonedrawmohammed.blogspot.com/

  • ||

    Hey, A.W., what makes you so 'quick' and so 'sure' that this death threat for drawing Mohammad came from muslims???

    where's your proof? Bin Rottin has been dead since the end of 2001, yet Adam 'Perlman' Gadahn and his buds keep trotting out AL-CIA-DA threats to western demoCRAZY for years. Doesn't make it any more real than these bullshit 'muslim demonizing' threats are, would you think?

  • ||

    Meanwhile over at the HuffPo...
    They are complaining about James Inhofe's objections to Kagan, in one of those rare instances in which he actually makes a valid point.

    Some of the more ridiculous ones (handles have been changed)

    >>OMGiTsObAmA4432: She is unfit
    >>because she isn't an old rich white >>guy

    Well, actually she's every one of those things but they guy part, and she's pretty damn close.

    >>IheartOBamAsNutZZz: there >>have been 111 SCOTUS judges of >>which 64 NEVER held law degrees and >>NEVER had the judicial experience >>Inhofe seems to think is required

    Well sure. And Andrew Jackson was president despite the fact that he may very well have been illiterate. The last rookie judge on the SC was William Rehnquist, who was appointed in 1972. Clearly experience is now considered important.

    I was actually not aware of the free speech issue. I had mostly just been laughing at the social conservatives trying to convince everybody that we are supposed to care if she is a lesbian. However, now I think I must oppose her, not that I have any capacity in which that matters.

  • ||

    where does the first amendment call for an "ad-hoc balancing test?" The first amendment was written to prevent such tests in the first place. Seriously Ms. Kagan, if you don't like the constitution, suggest an amendment and lobby your fellow citizens. Otherwise, the first amendment was written to protect us all from the caprices of people like you!

  • ||

    In democratic societies like the United States, the voting process is a means by which citizens hold their government accountable, conflicts are channeled into resolutions, and power transfers peacefully. Our system of representative government works only when honest ballots are not diluted by fraudulent ballots. When elections become corrupted, democracy becomes threatened.
    The FBI has a limited role in ensuring fair and free elections in the United States. Election crimes become federal cases when:
    The ballot includes one or more federal candidates;
    The crime involves an election official abusing his duties;
    The crime pertains to fraudulent voter registration;
    Voters are not U.S. citizens.
    First Name: kenyan born at the white house
    Last Name: TRUTH
    Address: AMERICA
    Address: INPEACH OBAMA
    City: USA
    State: usa THE END OF AMERICA
    NPR archive describes Obama as 'Kenyan-born'
    Michelle say Barack born in Kenya
    Obama's grandmother say he was born in Kenya
    Subject: OBAMA SAID approval ratings are still very high in the country of my birth.
    Message: INPEACH OBAMA TO THE WEAK-KNEED REPUBLICANS AND DEMOCRAT
    obama people have no idea of the extent to which they have to be gulled in order to be led." "The size of the lie is a definite factor in causing it to be believed, for the vast masses of the nation are in the depths of their hearts more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one, for they themselves often tell little lies but would be ashamed to tell a big one." "All propaganda must be so popular and on such an intellectual level, that even the most stupid of those towards whom it is directed will understand it. Therefore, the intellectual level of the propaganda must be lower the larger the number of people who are to be influenced by it." "Through clever and constant application of propaganda, people can be made to see paradise as hell, and also the other way around, to consider the most wretched sort of life as paradise. "pelosi don't see much future for the Americans ... it's a decayed country. And they have their racial problem, and the problem of social &^% ...obama feelings against Americanism are feelings of hatred and deep repugnance ... everything about the behaviour of American society reveals that it's half &^%, and the other half &^& How can one expect a State like that to hold TOGTHER.They include the angry left wing bloggers who spread vicious lies and half-truths about their political adversaries... Those lies are then repeated by the duplicitous left wing media outlets who “discuss” the nonsense on air as if it has merit… The media's justification is apparently “because it's out there”, truth be damned. State: *usa Obama chuckles at America*
    If YOU PASS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YRS HARD LABOR, YOU PASS THE AFGHAN BORDER ILLEGALLY YOU GET SHOT. Under the Mexican law, illegal immigration is a felony, punishable by up to two years in prison,There is no immigration allowed in China, India, Bangladesh, Russia, Japan, Cuba, Saudi Arabia, Iran, Syria, Turkey and MOST other countries YOU PASS THE AMERICAN BORDER ILLEGALLY YOU GET A JOB, DRIVER'S LICENSE, ALLOWANCE FOR A PLACE TO LIVE, HEALTH CARE, EDUCATION, BILLIONS OF DOLLARS SPENT SO YOU CAN READ A DOCUMENT. WE CARRY PASSPORTS IN OTHER COUNTRIES OR FACE JAIL TIME. REPOST THIS IF YOU AGREE!! ((STOP COMMUNIST OBAMA)) THE COMMANDER

  • ||

    President Obama Tells Mexican President "We are Not Defined by Our Borders"INPEACH OBAMA In democratic societies like the United States, the voting process is a means by which citizens hold their government accountable, conflicts are channeled into resolutions, and power transfers peacefully. Our system of representative government works only when honest ballots are not diluted by fraudulent ballots. When elections become corrupted, democracy becomes threatened.
    The FBI has a limited role in ensuring fair and free elections in the United States. Election crimes become federal cases when:
    The ballot includes one or more federal candidates;
    The crime involves an election official abusing his duties;
    The crime pertains to fraudulent voter registration;
    Voters are not U.S. citizens.
    First Name: kenyan born at the white house
    Last Name: TRUTH
    Address: AMERICA
    Address: INPEACH OBAMA
    City: USA
    State: usa THE END OF AMERICA
    NPR archive describes Obama as 'Kenyan-born'
    Michelle say Barack born in Kenya
    Obama's grandmother say he was born in Kenya
    Subject: OBAMA SAID approval ratings are still very high in the country of my birth.
    Message: INPEACH OBAMA TO THE WEAK-KNEED REPUBLICANS AND DEMOCRAT
    obama people have no idea of the extent to which they have to be gulled in order to be led." "The size of the lie is a definite factor in causing it to be believed, for the vast masses of the nation are in the depths of their hearts more easily deceived than they are consciously and intentionally bad. The primitive simplicity of their minds renders them a more easy prey to a big lie than a small one, for they themselves often tell little lies but would be ashamed to tell a big one." "All propaganda must be so popular and on such an intellectual level, that even the most stupid of those towards whom it is directed will understand it. Therefore, the intellectual level of the propaganda must be lower the larger the number of people who are to be influenced by it." "Through clever and constant application of propaganda, people can be made to see paradise as hell, and also the other way around, to consider the most wretched sort of life as paradise. "pelosi don't see much future for the Americans ... it's a decayed country. And they have their racial problem, and the problem of social &^% ...obama feelings against Americanism are feelings of hatred and deep repugnance ... everything about the behaviour of American society reveals that it's half &^%, and the other half &^& How can one expect a State like that to hold TOGTHER.They include the angry left wing bloggers who spread vicious lies and half-truths about their political adversaries... Those lies are then repeated by the duplicitous left wing media outlets who “discuss” the nonsense on air as if it has merit… The media's justification is apparently “because it's out there”, truth be damned. State: *usa Obama chuckles at America*
    If YOU PASS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YRS HARD LABOR, YOU PASS THE AFGHAN BORDER ILLEGALLY YOU GET SHOT. Under the Mexican law, illegal immigration is a felony, punishable by up to two years in prison,Mexicans who help illegal immigrants are considered criminalsThere is no immigration allowed in China, India, Bangladesh, Russia, Japan, Cuba, Saudi Arabia, Iran, Syria, Turkey and MOST other countries YOU PASS THE AMERICAN BORDER ILLEGALLY YOU GET A JOB, DRIVER'S LICENSE, ALLOWANCE FOR A PLACE TO LIVE, HEALTH CARE, EDUCATION, BILLIONS OF DOLLARS SPENT SO YOU CAN READ A DOCUMENT. WE CARRY PASSPORTS IN OTHER COUNTRIES OR FACE JAIL TIME. REPOST THIS IF YOU AGREE!! ((STOP COMMUNIST OBAMA)) THE COMMANDER

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  • ปลวก||

    I don't think the two are comparable. Meirs wasn't the Dean of one of the most prestigous law schools in the world.

  • RAN||

    you want to stand up for free speech, join the everyone draw mohammed movement. the terrorists have said that anyone who draws mohammed. | RAN ran ran แรน แรน แรน |

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  • SEO||

    Whether the issue is pornography, bigotry, dogfight videos, or political ads sponsored by corporations, would-be censors always claim the speech they want to outlaw causes harm. A presentation of interest.

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  • birdbird||

    I'd expect Kagan to either be a lone dissenter to an 8-1 decision to affirm the Ninth Circuit's ruling in VSDA v. Schwarzenegger, or the author of a separate concurrence that rests on some flimsy technicality.

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    It's a woman?
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