Monday, May 10, 2010

A Tentative, Preliminary No

My initial reaction to the nomination of Ms. Kagan to serve as the 112th Justice o' the Supreme Court is a tepid, tentative, preliminary aw shit.

Don't get me wrong, I like her vibe.

I like her reputed consensus-building skills. I like her generally.

I don't like her limited view of the First Amendment. I disagree with her view that the government's motives should be a principal basis for Constitutional review, and I strongly disagree with her view that "hate speech" and pornography are subject to governmental approval [some euphemistically say "are subject to regulation"]. As many of you know, I think the phrase "Congress shall make no law abridging" is pretty unambiguous. And I recognize the costs associated with that unambiguous decree, and think they're costs that are appropriately borne, and that reap untold dividends.

But my disapproval of her nomination isn't too strong. I long ago lost the battle over the First Amendment, which you lot piss on like yesterday's papers.

Fuck you.

Um, I guess I got carried away by the world not being the way I want it to be. . . .


Mythical Monkey said...

I tell you, when the shuttle service from Utopia went belly up, the world went belly up with it.

Lupner said...

Thomas, have you perchance seen the film referenced by this link?

Sorry, dunno how to do the fancy link-labeling stuff. Anyhow, it was one of the really good doc's from FullFrame this year, tho it's not a new one. The director's dad is Martin Garbus.

Lupner said...

And somehow I left out that the director's name is Liz Garbus, who makes very fine films.

stoogepie said...

I'm with you on this.

I remain concerned about Sotomayor's appointment on First Amendment grounds, owing mostly to her opinion in Doninger v. Niehoff. Her dissent in Pappas v. Giuliani showed she could (six years earlier) come down on the right side of things, but she is, at best, unpredictable.

Now we get another Obama nominee who may not regard the First Amendment as sacrosanct. The First Amendment is the frame of the threadbare tent we call freedom. We need to fortify it, not lean on it with, in Kagan's words, a "nuanced view" that first considers the social impact of otherwise protected speech.

Also, there is obviously no chance that I will get to videotape myself having sex with Kagan while degrading her with misogynistic epithets. That's a deal-breaker in my book.

Eliot Spitzer said...

The First Amendment is the frame of the threadbare tent we call freedom. We need to fortify it, not lean on it

You're goddamned right!


mister muleboy said...

btw, Eliot Spitzer is a shithead.

Unlike Stoogepie, who is a genius hidden under a counter in a vibrator shop...