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Senators shouldn’t confirm Kagan

Posted: July 5, 2010 10:38 p.m.
Updated: July 6, 2010 4:55 a.m.

This Senate has one chance to get it right regarding Elena Kagan, a woman whose past words and actions make clear she has the temperament of an impassioned activist, not an impartial jurist that is fitting for the nation’s highest court. Her alarming views on hate speech, hate crimes, government control of communication platforms, free speech and harassment are enough for any right-thinking senator to vote “no.”

Harvard Law School’s Dean Kagan felt it would be perfectly legal to suppress speech simply because it was “emotionally” disturbing to some adult listeners.

She also advocated that laws be expanded to criminalize and punish unpopular opinions. Her writings say the federal government can lawfully control free speech “opportunities” among Americans and that free speech, even if it is nonviolent, could be suppressed by the government, utilizing general laws against “harassment.”

How can this impassioned activist be an impartial jurist?


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