The Firing Line Forums - View Single Post - Dissenting justices employ strict scrutiny for terrorist's supporters free speech

maestro pistolero · June 21, 2010, 11:11 AM

I saw this a few minutes ago and had to smile.

Apparently 'serious and deadly consequences' are not sufficient to override the 1st amendment rights of those supporting terrorist organizations, according to the dissenting Sotomayor, Breyer, and Ginsburg.

I guess we'll soon see if they feel as strongly about the 2nd amendment when deciding the level of scrutiny for law-abiding Americans exercising this right.

http://www.nytimes.com/aponline/2010...html?hp&emc=na

Justice Stephen Breyer took the unusual step of reading his dissent aloud in the courtroom. Breyer said he rejects the majority's conclusion ''that the Constitution permits the government to prosecute the plaintiffs criminally'' for providing instruction and advice about the terror groups' lawful political objectives. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined the dissent.

''Not even the 'serious and deadly problem' of international terrorism can require automatic forfeiture of First Amendment rights,'' Breyer said.

June 21, 2010, 11:11 AM	#1
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Dissenting justices employ strict scrutiny for terrorist's supporters free speech I saw this a few minutes ago and had to smile. Apparently 'serious and deadly consequences' are not sufficient to override the 1st amendment rights of those supporting terrorist organizations, according to the dissenting Sotomayor, Breyer, and Ginsburg. I guess we'll soon see if they feel as strongly about the 2nd amendment when deciding the level of scrutiny for law-abiding Americans exercising this right. http://www.nytimes.com/aponline/2010...html?hp&emc=na Justice Stephen Breyer took the unusual step of reading his dissent aloud in the courtroom. Breyer said he rejects the majority's conclusion ''that the Constitution permits the government to prosecute the plaintiffs criminally'' for providing instruction and advice about the terror groups' lawful political objectives. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined the dissent. ''Not even the 'serious and deadly problem' of international terrorism can require automatic forfeiture of First Amendment rights,'' Breyer said. Last edited by maestro pistolero; June 21, 2010 at 11:42 AM.