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KAGAN ARGUED FOR GOV'T 'REDISTRIBUTION OF SPEECH
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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Southern Boys Solve the Oil in the Gulf Problem
Link: http://www.project.nsearch.com/video/southern-boys-show-us?xg_source=facebookshare
Since this idea makes sense no one will listen.
Simple, fast, cost effective, enviromentally freindly, non-chemical way to easily remove the oil slick from the Gulf of Mexico.
Installing a Seagate FreeAgent Xtreme external hard drive on D*tv HR22 DVR.
Link: http://www.computercareonline.com/index.php
Installing a Seagate FreeAgent Xtreme external hard drive on D*tv HR22 DVR.
It has been stated on a few discussion boards that the FreeAgent prefab external drives will not work on the HR22 and for that matter the HR21 (as the HR22 is basically just an HR21 with a bigger hard drive). I have found out why and that this can be overcome.
All in a Good Cause
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 CardHere'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.
Students Deflating the Heritage of Texas A&M University
Link: http://collegestation.craigslist.org/rnr/933358921.html
© ignoranceorapathy.com 11/25/2008
Alumni that may be proud of Texas A&M University should be alarmed at what the student body is becoming
Posted today on Craigslist Rants and Raves:
It is sad when our mostly quiet town cannot be festive for the holiday season.
I just ran two boys out of my yard (shortly after 4 am) attempting to steal 6 lighted candy canes and two lighted spiral Christmas trees. The theft of outdoor Christmas decorations is a problem I have never experienced anyplace I have lived before. The eight years I have been here it seems every year there is another rash of thefts. I opened my garage door catching two boys in the act of stealing our lights chased them off, one wearing a blue / grey hooded sweatshirt.
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