No one doubts that the distribution of sexually explicit speech to children, of the sort involved here, can cause great harm.
Elena Kagan: “No one doubts that the distribution of sexually explicit speech to children, of the sort involved here, can cause great…”
Editor's note · Context
Kagan emphasized the need to protect adult expression under the First Amendment.
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We can't engage do our business, we can't engage in confidential communication, which is the best way to operate is to be fully open with one's colleagues about one's views and if you think that those views are going to appear on the front…
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The leaks dramatically change the way we do business internally or at least has the potential to do so. The way we relate to each other depends so much on honest communication among the nine of us.
There are definitely questions about how it is appropriate to use that docket, when it's appropriate to use that docket, the standards to be applied.