Although I support Elena Kagan’s confirmation on the grounds that it is certainly the best that we could hope for from an Obama presidency, stuff like this really concerns me. Please listen to the audio at the link. The quote comes from Justice Alito. When General Kagan was questioned about infringements on speech and banning books, her response is that the government’s never actually applied it to books, as if that somehow makes the ability to ban them OK. If the framers of the Constitution had thought “just trust the government” were a good strategy, I don’t think they would have bothered with the First Amendment at all.
In today’s hearing, she attempted to make the argument that books were somehow different from movies, something about traditional electioneering methods. It still doesn’t work. How about we just don’t ban any speech at all?
What part of “Congress shall make no law . . . abridging the freedom of speech” doesn’t work for her?