1. EachPod

Concerns about Kagan's First Amendment Position

Author
Paul Levinson
Published
Thu 13 May 2010
Episode Link
https://traffic.libsyn.com/secure/paullev/LOLT-77-KaganFirstAmend.mp3

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:
  1. my Infinite Regress blog piece:  Concern about Kagan's First Amendment position
  2. my Daily Kos blog piece, with extensive commentary:  Concern about Kagan's First Amendment position
  3. James Doty's defense of  Kagan in Salon
  4. Jonathan Turley's critique of Kagan, with link to her article about combating hate speech and pornography
  5. Light On Light Through podcast interview with the Doningers about Sotomayor's decision in their case
  6. My 2005 Fordham University Keynote Address:  The Flouting of the First Amendment
  7. Huffington Post discussion of Obama's address at Hampton University
  8. my 2009 book, New New Media

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published on 3 September 2009:  New

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