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Concerns about Kagan's First Amendment Position
Welcome to Light On Light Through, Episode 77, in which I discuss concerns that I and other civil libertarians have raised about U.S. Supreme Court nominee Elena Kagan's views of the First Amendment, in particular her suggestion that objectional speech - such as hate speech and in pornography - can be restricted by government if it uses laws against physical abuse in hate crimes (which are indeed Constitutional and necessary for the government) to chill or limit the speakers.
Links:
my Infinite Regress blog piece: Concern about Kagan's First Amendment position
my Daily Kos blog piece, with…
The skinny
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