Justice Breyer 'not prepared to conclude that the First Amendment condones Koran burning'

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[ARCHIVED THREAD] - Justice Breyer 'not prepared to conclude that the First Amendment condones Koran burning' (Page 1 of 3)

Posted: 9/14/2010 8:09:02 AM EDT

Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that “just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

“It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of “Making Our Democracy Work,” told me it’s a “rickety system” –– but it’s worked “fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

Posted: 9/14/2010 8:10:08 AM EDT

[#1]

Quoted:
Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that “just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

“It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of “Making Our Democracy Work,” told me it’s a “rickety system” –– but it’s worked “fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

But I imagine that same idiot would say it is ok for the Westboro loons to picket military funerals.

Posted: 9/14/2010 8:11:34 AM EDT

[#2]

Wow. Just wow.

Posted: 9/14/2010 8:12:48 AM EDT

[#3]

I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

Posted: 9/14/2010 8:13:12 AM EDT

[#4]

Quoted:

Quoted:
Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that “just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

“It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of “Making Our Democracy Work,” told me it’s a “rickety system” –– but it’s worked “fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

But I imagine that same idiot would say it is ok for the Westboro loons to picket military funerals.

i guess the public fail has been in not killing and roiting over the god hates fags people.

Posted: 9/14/2010 8:13:29 AM EDT

[#5]

Quoted:But I imagine that same idiot would say it is ok for the Westboro loons to picket military funerals.

Or to burn Bibles. Or our flag.

Posted: 9/14/2010 8:14:24 AM EDT

[#6]

Quoted:

Quoted:But I imagine that same idiot would say it is ok for the Westboro loons to picket military funerals.

Or to burn Bibles. Or our flag.

Is there ANYTHING dumber than a libtard? I MEAN IT!!

Posted: 9/14/2010 8:14:43 AM EDT

[#7]

Then he should resign of be tried for treason/impeached

Posted: 9/14/2010 8:15:25 AM EDT

[#8]

Quoted:
I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

And again. Do any of you guys out there know just exactly how fucked we all are?

Posted: 9/14/2010 8:16:33 AM EDT

[#9]

Quoted:
I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

+1

and a huge -1 for Breyer.

Posted: 9/14/2010 8:16:52 AM EDT

[#10]

Quoted:
I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

Don't know about the Bible but, IIRC, flag burning is protected.

Maybe if some flag burning heads were sawed off this would change.

Posted: 9/14/2010 8:25:09 AM EDT

[#11]

Quoted:
I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

Probably only the American flag.

Posted: 9/14/2010 8:26:49 AM EDT

[#12]

Y'all do realize Bryer is a current Justice on the Supreme Court?

He isn't taking a definitive stance on an issue that may come before the Court. He's expressing the fact that there are two ways to view this issue - that while the common thought may be that burning the Koran is a constitutionally protected act, it may be viewed otherwise. That does not mean he's saying it ISN'T a constitutionally protected act, just that one could make an argument it isn't.

Posted: 9/14/2010 8:28:55 AM EDT

[#13]

Well, I'm 'not prepared to conclude' that Justice Breyer believes in the Constitution in the first place.

Posted: 9/14/2010 8:28:57 AM EDT

[#14]

Thats it folks, from what i read here from a few and now SCOTUS and others, the terrorists have won

Posted: 9/14/2010 8:29:28 AM EDT

[#15]

Quoted:
I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

Already been decided I'm sure.

Posted: 9/14/2010 8:36:14 AM EDT

[#16]

Just goes to show... in the modern world, the violent wheels gets the grease.

Posted: 9/14/2010 8:37:13 AM EDT

[#17]

Rep. John Boehner said on "GMA" that "just because you have a right to
do something in America does not mean it is the right thing to do.”

THAT IS THE FUCKING POINT ABOUT THE MOSQUE, DICKHEADS.

But that can't be a two-way standard, nooooo, 'cause that'd be discriminatory.

Posted: 9/14/2010 8:39:08 AM EDT

[#18]

Quoted:

Quoted:But I imagine that same idiot would say it is ok for the Westboro loons to picket military funerals.

Or to burn Bibles. Or our flag.

Is there ANYTHING dumber than a libtard? I MEAN IT!!

it doesn't look like it.

Posted: 9/14/2010 8:42:03 AM EDT

[#19]

Quoted:

Rep. John Boehner said on "GMA" that "just because you have a right todo something in America does not mean it is the right thing to do.”

THAT IS THE FUCKING POINT ABOUT THE MOSQUE, DICKHEADS.

But that can't be a two-way standard, nooooo, 'cause that'd be discriminatory.

Actually, Boehner said that the burning and the mosque were the same thing, using those exact words.

http://articles.latimes.com/2010/sep/08/news/la-pn-boehner-koran-20100909

Posted: 9/14/2010 8:43:50 AM EDT

[#20]

The fact that he can see where an argument could be made is proof that he is open to that argument. There shouldn't be any question at all. Creating panic in a theatre and someone on the otherside of the planet getting angry aren't remotely related.

Posted Via AR15.Com Mobile

Posted: 9/14/2010 8:50:22 AM EDT

[#21]

Quoted:
The fact that he can see where an argument could be made is proof that he is open to that argument. There shouldn't be any question at all. Creating panic in a theatre and someone on the otherside of the planet getting angry aren't remotely related.

Posted Via AR15.Com Mobile

As a judge, he has to be open to both sides of an issue before arguments are made. And as a general rule, SCOTUS justices don't publicly take a stand on issues that may come before the court.

If you were a litigant, would you want to have a judge thats already expressed he doesn't agree with your side of the argument before he heard your case, or would you want him to recuse himself and get another judge that hasn't already shown he is against your side?

Posted: 9/14/2010 8:54:29 AM EDT

[#22]

Like I said in a previous thread on this subject:

The violent reaction by Islamic extremists is now considered so inevitable, that anyone who angers them is considered the de-facto perpetrator of the violence.

Bizarre.

Posted: 9/14/2010 8:56:11 AM EDT

[#23]

Quoted:

Then he should resign or be tried for treason/impeached

Yep! The 1st amendment doesn't condone anything, it prevents the government from stopping you.

Posted: 9/14/2010 8:56:49 AM EDT

[#24]

Quoted:

Like I said in a previous thread on this subject:

The violent reaction by Islamic extremists is now considered so inevitable, that anyone who angers them is considered the de-facto perpetrator of the violence.

Bizarre.

Interesting way of putting it.

Posted: 9/14/2010 8:56:53 AM EDT

[#25]

Yet THIS is taxpayer-funded "free speech":

Posted: 9/14/2010 9:07:59 AM EDT

[#26]

Breyer is so morally and intellectually corrupt that it's not even funny. That asshole has stopped even PRETENDING like he's trying to follow the law. He's just makin shit up based on his personal beliefs. I guess flag burning, bible burning, and hate speech against white males, Christians and anyone affiliated with the Republican party is ok, but if it's against liberals, muslims or gays, it's not protected.

right, gotcha.

Posted: 9/14/2010 9:08:24 AM EDT

[#27]

Quoted:

Yet THIS is taxpayer-funded "free speech":

http://jeestunautre.files.wordpress.com/2007/09/piss_christ_by_serrano_andres_1987.jpg

Oh for fuck's sake. You guys LOVE trotting out Piss Christ.

Well I tell you what, start killing artists that offend you, and they'll lose their 1A protection, too.

Have fun!

Posted: 9/14/2010 9:10:15 AM EDT

[#28]

OMG. That guy is losing it.

Light'em up. Burn'em up. Flame on.

Posted: 9/14/2010 9:10:54 AM EDT

[#29]

Justice Breyer is a buffoon who long ago gave up any pretense to giving two shits about the law.

Clinton really fucked us with that one - I fear Sotomayor and Kagan will be worse.

Posted: 9/14/2010 9:10:58 AM EDT

[#30]

Quoted:
Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

wait.. so if we all riot in the streets, then magically they dont have the right to build the mosque? maybe obama suddenly doesnt have the right to burn thousands of bibles.

UTTER BULLCRAP. 1A specifically protects offensive and provocative speech, there is absolutely no need to protect innofensive speech!

Posted: 9/14/2010 9:13:56 AM EDT

[#31]

Quoted:
Just goes to show... in the modern world, the violent wheels gets the grease.

This +87

Posted: 9/14/2010 9:15:47 AM EDT

[#32]

Quoted:

The fact that he can see where an argument could be made is proof that he is open to that argument. There shouldn't be any question at all. Creating panic in a theatre and someone on the otherside of the planet getting angry aren't remotely related.

Posted Via AR15.Com Mobile

He's noting, however obliquely, that it could happen *here*.

Posted: 9/14/2010 9:27:00 AM EDT

[#33]

Quoted:

Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

"Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. "Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was "the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that "just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

"It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. "And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of "Making Our Democracy Work,” told me it’s a "rickety system” –– but it’s worked "fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

Or that we live in a Democracy. Him confused.

Posted: 9/14/2010 9:27:38 AM EDT

[#34]

Quoted:

Quoted:
The fact that he can see where an argument could be made is proof that he is open to that argument. There shouldn't be any question at all. Creating panic in a theatre and someone on the otherside of the planet getting angry aren't remotely related.

Posted Via AR15.Com Mobile

He's noting, however obliquely, that it could happen *here*.

Yep, and the more "tolerant" & "pc" we become (because of dick-breaths like him), the faster it "will" happen here.

Thanks alot assholes..................

Posted: 9/14/2010 2:36:12 PM EDT

[#35]

This man should not be making up shit as he goes along. Freedom of speech is a FUNDAMENTAL right in the United States. You don't fuck with it. Ever. No matter how many people get pissed off.

Posted: 9/14/2010 2:37:30 PM EDT

[#36]

If you can burn the flag, you can burn books too. Can't have it both ways.

Posted: 9/14/2010 2:47:04 PM EDT

[#37]

It doesn't condone it.

But it does protect it.

Just like it protects any other form of self-expression that does not inflict harm on others.

Now if a person is using a burn of a flag, or Holy Book to entice a riot it then becomes illegal.

These shit-stains we have for politicians need to get on the same page instead of trying to word-dance around shit, to protect their jobs.

Posted: 9/14/2010 2:49:13 PM EDT

[#38]

Wonder how long it has been since Breyer has had a physical?

Every opinion that has come out of the dude in the past year smells of senility... At 73, it wouldn't be unheard of and the opinion expressed in that article runs totally counter to other opinions he has issued from the bench.

I'm going with age related cognitive deterioration and giant ego for $500 Bob.

Posted: 9/14/2010 2:50:10 PM EDT

[#39]

Quoted:
Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was “the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that “just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

“It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. “And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of “Making Our Democracy Work,” told me it’s a “rickety system” –– but it’s worked “fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

This is why you can't make exceptions and reinterpret the constitution. One exception, and any nut can change the law to be anything they want!

Posted: 9/14/2010 2:57:35 PM EDT

[#40]

Quoted:

Quoted:

I'll bet he thinks that burning the flag or a Bible is protected by the 1A.

+1

and a huge -1 for Breyer.

I swear, it is almost like these tards think Muslim domination of the world is inevitable and they are coddling them in hopes of retaining a seat at the table of power for themselves or descendants.

Of course the hippies, peaceniks and liberals would be the first one getting heads lopped off, but they don't seem to understand that.

ETA: attitudes like that could create yet another whole class of "hate crime". See England for the way that turns out.

Posted: 9/14/2010 3:00:07 PM EDT

[#41]

Come to a head, this will.

Posted: 9/14/2010 3:01:31 PM EDT

[#42]

Of course not. It only protects people's right to put crucifixes in urine or to smear portraits of the virgin Mary with elephant shit.

Posted: 9/14/2010 3:02:07 PM EDT

[#43]

Quoted:

Quoted:

Justice Stephen Breyer: Is Burning Koran 'Shouting Fire In A Crowded Theater?'

September 14, 2010 6:52 AM

Last week we saw a Florida Pastor – with 30 members in his church – threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans. But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

"Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. "Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”

Click here to read what advice Breyer has for incoming Justice Kagan.

Last week President Obama told me that Pastor Jones could be cited for public burning – but that was "the extent of the laws that we have available to us.” Rep. John Boehner said on "GMA" that "just because you have a right to do something in America does not mean it is the right thing to do.”

For Breyer, that right is not a foregone conclusion.

"It will be answered over time in a series of cases which force people to think carefully. That’s the virtue of cases,” Breyer told me. "And not just cases. Cases produce briefs, briefs produce thought. Arguments are made. The judges sit back and think. And most importantly, when they decide, they have to write an opinion, and that opinion has to be based on reason. It isn’t a fake.”

Breyer, the author of "Making Our Democracy Work,” told me it’s a "rickety system” –– but it’s worked "fairly well” for a long time.

––George Stephanopoulos

http://blogs.abcnews.com/george/2010/09/justice-stephen-breyer-is-burning-koran-shouting-fire-in-a-crowded-theater.html#tp

Or that we live in a Democracy. Him confused.

Nice catch.

People that sit on SCOTUS (or in Government in general) and push the "we are a Democracy" need to be called on it EVERY FUCKING TIME.

It's another sign of libs co-opting and warping the language to push their agenda.

Posted: 9/14/2010 3:02:38 PM EDT

[#44]

Just for sake of arguement, the fire in a crowded theatre arguement can be used for flag/Quran/Bible burning.

If you know it will start trouble.....

(yeah, I am trying to throw a wrench into the works.)

Posted: 9/14/2010 3:10:02 PM EDT

[#45]

Quoted:

This man should not be making up shit as he goes along. Freedom of speech is a FUNDAMENTAL right in the United States. You don't fuck with it. Ever. No matter how many people get pissed off.

Except it's already been fucked with. Chaplinsky v New Hampshire.

If the government deems something to be offensive enough, they can prohibit you from saying/doing it and be within their constitutional bounds, according to the USSC.

Nice, huh?

Posted: 9/14/2010 3:12:47 PM EDT

[#46]

fuck him and them

oh no, don't say anything that might offend someone.

hello, FUCK THEM

we should fuckin' destroy them all chinese style, on your fucking knees and one in the head

lets all live in fear, not

Posted: 9/14/2010 3:12:51 PM EDT

[#47]

he's not prepared to conclude that –– in the internet age –– the First Amendment condones Koran burning.

Of course it doesn't 'condone' it. It does protect it though.

Posted: 9/14/2010 3:15:56 PM EDT

[#48]

Quoted:

"Holmes said it doesn’t mean you can shout ‘fire’ in a crowded theater,” Breyer told me.

I can see how the general public can be ignorant, but how can a Judge on
SCOTUS be unaware that was dictum and Schenck was overturned by
Brandenburg in 1968 anyway?
http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater

Posted: 9/14/2010 3:17:19 PM EDT

[#49]

He obviously needs to be removed ASAP.

He is either attempting to trash the constitution or has some severe case of stupid.

Posted: 9/14/2010 3:17:23 PM EDT

[#50]

Back in line citizen

You have no rights

[ARCHIVED THREAD] - Justice Breyer 'not prepared to conclude that the First Amendment condones Koran burning' (Page 1 of 3)

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