First Amendment means nothing to Elena Kagan

“In a 1993 essay published by The University of Chicago Law Review, for instance, she suggested how supporters of bans on pornography and "hate speech" could pursue their goals despite that pesky First Amendment. Her proposals included bans on "works that are both sexually explicit and sexually violent," a redefinition of obscenity to focus on material deemed harmful to women (which would then be unprotected—an idea that anticipated Kagan's argument in the animal cruelty case), "hate crime" laws that boost penalties for existing offenses when they’re motivated by bigotry, and laws "prohibiting carefully defined kinds of harassment, threats, or intimidation."”

Read it all here.