SCOTUS Nominee Kagan Argued Against Freedom of Speech

Scan of Thomas Paine's 1776 pamphlet "Common Sense" which helped spark the American Revolution.

Newsmax reports on the emerging story of Elena Kagan’s recent argument as Solicitor General of the United States in favor of quashing First Amendment free speech.

She argued that congress has constitutional authority to forbid companies and other private groups to publish political pamphlets–though it remains unclear exactly where in the First Amendment she finds congressional authority for this among the words “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

From Newsmax:

In a scathing concurrence to the opinion, Chief Justice John Roberts blasted Kagan’s argument.

“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,” he wrote.

“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.”

Justice Anthony Kennedy wrote in the majority opinion that Kagan was defending a law that represents an illegitimate attempt to use “censorship to control thought.”

He declared, “This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

Kennedy is definitely no conservative, and yet even he could see what a dangerous and un-American argument Kagan was making.

CNS News has more on this issue here.

This woman is a homosexual activist,  a fan of socialism, and an opponent of one of the most basic of American freedoms.

Any person who holds such anti-Constitutional, anti-freedom, anti-American views is supremely unqualified to serve in the government of the people of the United States of America, and is certainly unqualified to judge according to our laws and Constitution.

6 Responses to “SCOTUS Nominee Kagan Argued Against Freedom of Speech”

  1. It is absolutely disgusting what she purports and how she interprets our constitution. She obviously lacks the capacity of a normal, intelligent human being to read and interpret the plain language that is our Constitution. She should be barred from being any sort of judge. Furthermore, her nomination should speak volumes of Obama's ability to choose qualified people to uphold even the most basic and important laws of our land.

    She is about as “American” as she is straight.

  2. In her JOB as Solicitor General, she puts forth the best defense she can for the laws as made by the 107th Congress. The fact that she failed could also point to her opposition to the law instead. So, let's just wait for the process to start pointing fingers.