Kagan may actually believe that our First Amendment rights come from the federal government. In her view, they are not innate and are not God-given, and the government does us a "favor" when it allows us to speak out because the government has the right to censor speech.
According to the aforementioned Washington Times editorial, "Kagan argued before the Supreme Court that the law should be read to allow the government to prohibit the publication of political pamphlets."
It's no secret that Kagan banned military recruiters while she was the Dean of the Harvard Law School and, in doing so, slapped our brave men and women in uniform in the face during a time of war because she objected to the military's "Don't Ask, Don't Tell" policy. What many DON'T know is that Kagan acted alone and that her actions were a direct and blatant VIOLATION of United States law.
According to The Family Research Council: "[N]ot only was Elena Kagan key in kicking military recruiters off campus, directly violating U.S. law, she did so more or less independently - not even consulting the dean of Harvard University, Lawrence Summers. The law she violated was the Solomon amendment that insists that if your university accepts federal funds it should also accept military recruiters. She called the current policy of 'Don't Ask Don't Tell,' which was created by her future boss President Bill Clinton and supported by the Democratic Congress at the time, 'a moral injustice of the first order.' She was so outraged that she did not work with the Pentagon to find a solution, instead leaving that work to others, which was fine to Military leaders at the time who found her hostility to them prevalent. If Ms. Kagan has such disdain for passed legislation she disagrees with that she is willing to violate the law instead of seeking a solution, does she really have the temperament to have a permanent seat on the U.S. Supreme Court?"
Of course, the foregoing should not be shocking when one considers Kagan's admiration for judges who legislate from the bench as she has detailed in these confirmation hearings.
Republicans must filibuster the Kagan nomination to protect our precious U.S. Constitution.