Close this search box.

Free speech and "societal costs"

by Charles Platt

I assume you legally qualified guys have seen this quote:

“Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs.”

This of course is from a certain Ms. Kagan who seems upwardly mobile right now. Of course she said this while arguing a case on behalf of the US Government, and thus was merely doing her best to concoct an argument based in part on precedent.

But still.

Skip to content