Wednesday, September 15, 2010

Breyer says burning Korans may not be protected speech...

I can't think of a single way that Breyer's idea makes any sense.

But here it is.
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1 comment:

  1. BerchmansSeptember 16, 2010 at 12:56 PM

    I'm not sure Justice Breyer "said" anything of the sort. In the full quote, he merely suggests it is not a foregone conclusion -- that is, it is an open question that needs some deliberation.

    And, of course, the Court's First Amendment jurisprudence has long carved out exceptions, like Oliver Holmes' "fire" in the crowded theater, or for 'fighting words.' In a recent decision, Justice Thomas wrote an opinion that held burning crosses on front lawns could not be considered free speech.

    I'm not falling on one side or the other. I'm merely suggesting the ABC News' website and its characterization of Breyer's position is completely wrong. Watch the video again.

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