Elena Kagan - Not a friend of the 1st Amendment
Elena Kagan wrote a fairly lengthy Paper about the First Amendment. She only believes in allowing Free Speech when it benefits the community or the public which sends shivers down my spine.
for only when we know why the doctrine has emerged and what purposes it serves will we know whether and how to modify it. (p. 516)
Why does she think about Free Speech like this?
The reason to think about reasons has to do with the likeli- hood that the consideration of certain reasons will systematically and predictably lead to actions that have adverse consequences. Second, courts may focus on motives because motives, in and of themselves, are what matter-so much that any actions deriving from improper motives also become improper, by a kind of automatic motion. (p. 507)
This starkly remids me of Emporer Palpatine’s statement that:
Good is a point of view.
In her mind, who gets to determine what is good and what is harmful is the government. And when the government tells us how to act, what we can and can’t say, it always acts in it’s own preservation at the cost of the Liberty of the individual.