Supreme Court Nominee Elena Kagan: Selected Freedom of Speech Scholarship (June 18, 2010)

摘要

President Obama has nominated his Solicitor General, Elena Kagan, to be the next Supreme Court Justice. If confirmed, she would fill the seat being vacated by Justice John Paul Stevens upon his retirement. Prior to her term as Solicitor General, Ms. Kagan wrote pieces analyzing free speech jurisprudence. This report explains Ms. Kagan's articles in detail, as well as an additional, shorter piece, discussing the First Amendment implications of codes of conduct at public universities: (1) 'The Role of Government Motive in First Amendment Doctrine': The Concept, and Doctrine, of Impermissible Motive; (2) 'Regulation of Hate Speech and Pornography After R.A.V.'; (3) 'When a Speech Code is a Speech Code: The Stanford Policy and the Theory of Incidental Restrictions.'