Michael Savage v. Janet Napolitano


Conservative radio host Michael Savage and several others filed suit yesterday against Homeland Security Secretary Janet Napolitano and Attorney General Eric Holder over the government's now-infamous "Rightwing Extremism" report. Among other things, Savage & co. claim the report "chills the expression of controversial speech in violation of the First Amendment" and "violates the equal protection guarantee of the Fifth Amendment by targeting certain individuals and groups for disfavored treatment based on the viewpoint of their speech."

Do they have a case? The Volokh Conspiracy's Orin Kerr thinks not:

As I read it, the lawsuit is claiming that the issuance of a government report criticizing certain groups violates the plaintiffs' constitutional rights. But the Constitution doesn't provide a constitutional right to have the government not say things that might be considered criticism. Perhaps the plaintiffs want the Constitution to be radically reinterpreted by activist judges to invent some brand-new constitutional rights?