SCOTUS nominee Kagan has her own version of the First Amendment

We read:

"Elena Kagan's explanation of the First Amendment: It's perfectly OK, she wrote in the University of Chicago Law Review, for the government to restrict free speech as long as it means well and calls it something else. The word "restrictions" sounds bad, like a leather restraint, but Mzz Kagan's "redistribution of speech" can sound benign, like free cheese. Who doesn't like cheese? She argued that the government can employ Orwellian restrictions on speech if it thinks such speech might "harm" others, either by direct action or inciting someone else to take direct action. Who gets to decide when such restrictions are imposed for the greater good? Why, the government, of course.

She does not identify, exactly, what speech the government could regard as inflicting such "harm" as to justify suspending the Constitution, but she offers as examples incitement to violence, "hate speech" and "fighting words." Since certain friends of the White House have suggested that "tea party" activists may have already been guilty of sedition, we can imagine what some of the violations might one day be.

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