Today is the 66th anniversary of the D-Day invasion of Europe during WWII.

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Link: http://kaganwatch.com/2010/05/12/kagan-argued-for-redistribution-of-speech/

Posted by Kagan Watch on May 12, 2010 Leave a comment (0) Go to comments
Posted here due to extremly high server load on the original server.

Kagan Says ‘Governmental Motive’ is Proper Focus in First Amendment Cases, Backs Limits on Speech That Can ‘Harm’

(CNSNews.com) – Supreme Court nominee Elena Kagan said the high court should be focused on ferreting out improper governmental motives when deciding First Amendment cases, arguing that the government’s reasons for restricting free speech were what mattered most and not necessarily the effect of those restrictions on speech.

Kagan, the solicitor general of the United States under President Obama, expressed that idea in her 1996 article in the University of Chicago Law Review entitled, “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine.”

In her article, Kagan said that examination of the motives of government is the proper approach for the Supreme Court when looking at whether a law violates the First Amendment. While not denying that other concerns, such as the impact of a law, can be taken into account, Kagan argued that governmental motive is “the most important” factor.

In doing so, Kagan constructed a complex framework that can be used by the Court to determine whether or not Congress has restricted First Amendment freedoms with improper intent.

She defined improper intent as prohibiting or restricting speech merely because Congress or a public majority dislikes either the message or the messenger, or because the message or messenger may be harmful to elected officials or their political priorities.

The first part of this framework involves restrictions that appear neutral, such as campaign finance laws, but in practice amount to an unconstitutional restriction. Kagan wrote that the effect of such legislation can be taken as evidence of improper motive because such motives often play a part in bringing the legislation into being.

“The answer to this question involves viewing the Buckley principle [that government cannot balance between competing speakers] as an evidentiary tool designed to aid in the search for improper motive,” Kagan wrote. “The Buckley principle emerges not from the view that redistribution of speech opportunities is itself an illegitimate end, but from the view that governmental actions justified as redistributive devices often (though not always) stem partly from hostility or sympathy toward ideas or, even more commonly, from self-interest.”
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Health Care Deform Causes Autumn in March

All I will say is March 21st 2010 will forever be known as the autumn of the Constitutional Republic formerly known as The United States of America.

Among all the other pieces of legislation that have been flushed from this congress, now this Health Care Deformation bill drives one more nail in the coffin of our Constitution.

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Link: http://www.ldsmag.com/ideas/070313goodprint.html

I found this article linked from this page: Daily Tech .com

It is a very interesting read and directly corelates to the data that I have found all my life.

All in a Good Cause
By Orson Scott Card

Here's a story you haven't heard, and you should have.

An intelligence source, working for a government agency. He's not a spy, he's an analyst. He uses computers to crunch numbers and at the end of his work, out pops the truth that was hiding in the original data. Let's call him "Mann."

The trouble with Mann is, he has an ideology. He knows what he wants his results to be. And the original numbers aren't giving him that data. So the agency he works for won't be able to persuade people to fight the war he wants to fight.

Well, that's not acceptable.

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© ignoranceorapathy.com 03/06/2009

Rush wants Obama to Fail

Well who in their right mind wants a United Socialist States of America?

James Carvelle, the White House and the Democratic Machine want to make political hay out of a comment by noted conservative and talk show host Rush Limbaugh. Good for them, the more publicity they give conservatism the better.

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