Elena Kagan and Lawrence Lessig – Oh, and Obama!

Posted on May 12, 2010. Filed under: Big Brother, Communism, Democrats, Dictator, Freedom, Freedom of Speech, Liberty, Marxism, News Media, Obama, politics, Socialism, U.S. Government, Uncategorized | Tags: , , , , , |







 What does Elena Kagan believe about free speech and Americans’ First Amendment Rights?  Not good. 


“In an article Kagan published in the University of Chicago Law Review in 1996, entitled, ‘Private Speech, Public Purpose: the Role of Government Motive in First Amendment Doctrine.’ she contends that the negative impact of a law restricting freedom of speech is subservient to the government’s motive for enacting such restrictions. 

As long as the government can show ‘proper intent’ in such restrictions on free speech, then the restrictions stand.”  http://www.examiner.com/x-37620-Conservative-Examiner~y2010m5d12-Kagan-wrote-that-government-can-restrict-free-speech 

So how is she likely to rule on cases  before the Supreme Court on the issue of Freedom of Speech and the First Amendment?  Is she likely to rule in favor of the government or the people? 



Net neutrality, as explained by the government’s politicians who favor it, is FCC regulation applied to the internet to insure free access to users.  However, those who oppose it define it as a government take-over of the internet.  They believe it opens the door for the government to censor opponents to current adminstrations, control news and blogs and to tax internet use.

“Hollywood’s biggest worry about Kagan might be her philosophy on intellectual property matters.As dean of Harvard Law School from 2003 to 2009, she was instrumental in beefing up the school’s Berkman Center for Internet & Society by recruiting Lawrence Lessig and others who take a strongly liberal position on “fair use” in copyright disputes.”   She actually sought out and went after Larry Lessig.  She had to have known who and what he is.  (Remember her involvement in internet legislation)  http://thresq.hollywoodreporter.com/2010/05/kagan-supreme-court-hollywood.html


Obama appointed the same Larry Lessig to handle his use of internet technology during his presidential campaign, with which he raised more money than any candidate in American history, much of it from donors that can’t be traced because there is no way to do it.  Why didn’t the brilliant tech savvy Lessig create a way to trace Obama’s internet donations?  Obama could have received donations from foreign countries, for all we know.  That’s illegal and we can’t guarantee it didn’t happen. 

Read about Larry Lessig at https://marbiesblog.wordpress.com/2008/04/28/another-bad-character-in-obamas-circle-april-27-2008/.   This guy is nothing like the average American citizen.   PLEASE READ ABOUT LESSIG!!!  IT WILL ONLY TAKE A MINUTE TO SEE WHAT KIND OF PERSON THIS GUY IS! 



Kagan’s backgroundis as diverse as it is impressive: she clerked for Supreme Court Justice Thurgood Marshall (whom she later described as the “most important lawyer” of the 20th century); worked on the Hill as a Senate aide (with then-Sen. Joe Biden); was a domestic policy aide in the Clinton White House; became the first woman to serve as the dean of Harvard Law School; and has been the Solicitor General in the Obama administration for about a year.”   http://webcache.googleusercontent.com/search?q=cache:YfjvtcsR9xgJ:www.washingtonmonthly.com/archives/individual/2010_05/023723.php+Elena+Kagan+%2B+Lawrence+Lessig&cd=11&hl=en&ct=clnk&gl=us 

Kagan’s background diverse?  No.  Kagan worked for liberal and progressive Democrats, Thurgood Marshall, Joe Biden, Bill and Hillary Clinton.  She became friends with Obama when they both were at Harvard Law School.  Does this seem center, center-left or moderate?  Don’t think so. 

Thurgood Marshall was the first African-American on the Supreme Court.  He was a succussful lawyer and civil rights activist.  Marshall was solidly a liberal Democrat, for whom Elena Kagan clerked and called the best lawyer of the twentieth century. 

 “During Marshall’s tenure on the Supreme Court, he was a steadfast liberal, stressing the need for equitable and just treatment of the country’s minorities by the state and federal governments. A pragmatic judicial activist, he was committed to making the U.S. Constitution work; most illustrative of his approach was his attempt to fashion a “sliding scale” interpretation of the Fourteenth Amendment’s equal protection clause that would weigh the objectives of the government against the nature and interests of the groups affected by the law.Marshall’s sliding scale was never adopted by the Supreme Court, though in several major civil rights cases of the 1970s the court echoed Marshall’s views. He was also adamantly opposed to capital punishment and generally favoured the rights of the national government over the rights of the states.”  http://www.biography.com/articles/Thurgood-Marshall-9400241?part=1   Kagan believes he’s the greatest.  Could that mean she agrees with his beliefs?  As a Supreme Court Justice, would she have to judge the case concerning Arizona’s new immigration law vs the Federal Government?  Would she overrule the Tenth Amendment and rule against States’ Rights?  This is an important appointment that has great ramifications for all of us.

Kagan is solidly in the Democrat’s corner, not somewhere in the center.  There’s no way she was interested in  bringing together colleagues of  both sides, when bringing in Larry Lessig, who is a radically left irreverent Democrat.  Note that he isn’t a moderate or center-left, he’s radically left.  

Would she be a judicial activist?  Maybe.  She’s been an activist since high school according to Anne Reingold on The Daily Beast at http://www.thedailybeast.com/blogs-and-stories/2010-05-11/elena-kagan-high-school-radical/?cid=hp:beastoriginalsR1, who says the two of them were co-presidents of the student-faculty governing body at Hunter College High School in the mid-seventies.  Elena and Anne successfully lobbied to legalize smoking in the girls’ bathroom (in high school).   I guess their high school allowed minor girls to smoke on school premises.  How odd for those days?  Wasn’t it illegal to sell cigarettes to minors back then, and even now?  What kind of school allows minors to smoke on campus?  Yes, young Elena smoked cigarettes AND CIGARS!  Her second success concerned 24 boys who wanted to attend the all-girl school.  Perhaps the boys weren’t allowed to smoke in their own schools.

“Activists by nature, we held smaller meetings at Elena’s West End Avenue apartment and plotted strategy on the Persian rug in the living room; I remember her father coming home and providing counsel. It was the feminist fervor era—second best to the anti-war days we longed to have been part of. We would have tacked onto almost any cause—we were so eager to be part of it all. We fought for women’s writers and literature course—we won that too and got a lunchtime seminar called, “Women Writers: From Sappho to Steinem.” HCHS was an Ivory Tower; a student body comprised of smart hall monitors; we were the best of our elementary schools from all over the city. (We sat for a grueling test in January of our 6th grade and about 200 of us gained admission to Hunter High.) The protests of the ‘60s inspired us—because we were part of the college, the high school had shut down too during anti-war protests.

But cult-like Hunter girls had other advantages, too. We were told again and again that we were the “elite.” A definitely un-p.c. word now, but we were told to wear it proudly—the elite, the chosen, we could do anything—and we all believed it. Elena has proved it true, while my politics haven’t extended past my tenants association and the Bronx High School of Science PTA.”    Anne Reingold, The Daily Beast

She loved Thurgood Marshall, a very successful activist.  So would she be a judicial activist????????

Elena Kagan can not give what she doesn’t  have – fair, unbiased opinions.  She should not be appointed to the Supreme Court.

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