Tuesday, September 14, 2010

Justice Breyer and the burning 

Is it conceivable that Justice Breyer could get the Supreme Court to issue cert on a free speech case that involves the burning of a Koran? It is worth watching the video at the link to see if he is just advocating normal due process and judicial review, or if he really believes that such a case might possibly be worthy of a hearing in front of the Supremes.

Just to be clear, I do not believe Pastor Jones is a wise man, and I do not share his views (and I agree with General Petraeus and his expressed concerns), but to equate his threatened actions with yelling "fire!" in a crowded theater is a bit of a stretch. At the very least, it infantilizes the the other party in the transaction -- the party that may commit the acts of violence. If the Obama administration thought that it had a legal weapon available to it to prevent that free speech, chances are that the Holder DOJ would employ it. It almost looks like an invitation is being issued to give it a try.

CWCID: Hot Air


By Blogger knighterrant, at Tue Sep 14, 02:45:00 PM:

Burning a Koran is like Nazis marching in Skokie - abhorrent speech but free speech nonetheless.  

By Anonymous Anonymous, at Tue Sep 14, 03:10:00 PM:

Another chapter in the story of why we need voter ratification of SC justices, like California has.  

By Blogger Assistant Village Idiot, at Tue Sep 14, 05:35:00 PM:

Petraeus and the others who warn against inflaming the violent hatred abroad have a point. But such cautions have a way of expanding - the goalposts move, and eventually everything offends and incites violence.

I don't mind picking our best spot to make a stand. I'm all for wisdom rather than reaction. But I do mind pretending that the time to make a stand will eventually go away if we keep avoiding it.  

By Anonymous sirius, at Tue Sep 14, 09:39:00 PM:

How about we confine ourselves to creating cartoons about the issue of burning Korans?

Or is that, too, entirely off limits?  

By Anonymous Mr. Ed, at Tue Sep 14, 10:07:00 PM:

AVI is just so right on this.

I'll go a step further. If we've found a way to bug the shit out of the hateful Muslim masses, more already. Let's drive them to exhaustion and the far end of utterly futile exasperation so they can get on with life again.


By Anonymous feeblemind, at Wed Sep 15, 12:08:00 AM:

Let me get this straight. Breyer believes it is OK to burn flags and Bibles because the offended don't turn violent, but it could be illegal to burn Korans because a violent reaction might be provoked?

Hmmmm...... that thinking could cause the establishment of a whole new set of rules for the way the culture war is fought in this country.  

By Anonymous Anonymous, at Wed Sep 15, 09:26:00 AM:

So if Christians, Jews, and atheists turn violent, the Muslims will have to stop offending us? I'm in.  

By Blogger Georg Felis, at Wed Sep 15, 11:34:00 AM:

I think the word we're looking for is Blackmail or Extortion. If the Supremes think they can stomp all over the first ammendment for this reason, what is to stop some crazies from using the same logic on their pet peave.

Greenpeace: Stop the whaling or we will start ramming cruise ships.

PETA: Close all the US slaughterhouses or we will take all the strays in our shelters and release them in Washington.

and so on....
(if you disagree with the examples, provide one of your own)  

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