Re: Obama XV: Now, with 20% more rage
You and Andrew McCarthy hit it on the head. Mr. Justice Breyer was the one speculating that the First Amendment might not cover insulting Islam.
http://www.nationalreview.com/articles/246965/there-oughtn-t-be-law-andrew-c-mccarthy
Breyer did his musing on Good Morning America, hardly an obscure law journal:
http://hotair.com/archives/2010/09/14/justice-breyer-no-right-to-burn-korans-in-first-amendment/
It's my understanding the "wise Latina" has expressed similar sentiments. That's two of 'em.
great article from Mr. Mccarthy. thanks for posting.
Ultimately we may get an argument in the supreme court to qualify the 1st amendment then and that would invalidate the entire document to me. that would induce entropy really. for those thinking america is on the way out like the Roman Empire (a wholly unjust and incongruent comparison but people have made that) a move such as this would drive the nail in
I shouldn't be surprised that Breyer or Kagan, or the "wise latina" (as opposed to the "unwise latina" whom I'm assuming would be one of the hundreds of thousands of Cubans who tend to vote GOP), would feel that we could qualify the 1st amendment so we don't offend islam, or don't offend x or whomever.
problem is I'm offended by flag burning (though I believe people have a right to burn flags and bibles if that's their dumb wish) so will they hear my argument? they'd have to re-visit all of that.
So we've got the merging of two devastating trains of thought. we cannot utter words or write cartoons that *might* offend islam (or presumably anyone else since that would be the next argument), and the constitution is a living breathing document and can and should be re-interpreted over time to adjust to our societal needs, whomever decides what that is.
so...here's my first argument to breyer, kagan, and sotomayor...I'm offended that people called Bush "Hitler". that comparison means you are saying I voted for Hitler in 2004 and extrapolate the B*** ***t from there.
but back to the point. I really hope we maintain our freedom of speech as is. that was EXACTLY the point Trey Parker and Matt Stone were making in South Park. The whole idea that a cartoon would upset people so much is laughable really when you think about it. a cartoon? really? get the hell back to your 1st grade class pay attention and shut up.