Jan Larue, Chief Legal Counsel for Concerned Women for America, takes on Justice Sandra Day O'Conner's claim that exercising first amendment free speech rights is fine if your burning crosses on someone's front lawn, because such action does not include “an intent to intimidate a person or group of persons.” However, stating publicly that you oppose the decisions of the judiciary may cause some nut to act out your angst.
“It didn’t occur to me that there would be as many threats, and I do receive them,” O’Connor said. “I don't think the harsh rhetoric helps. I think it energizes people who are a little off base to take actions that maybe they wouldn’t otherwise take.”So, if I understand the logic of the esteemed justice (and I seldom do), it's okay to trespass on black family's property to burn a symbol of the racist KKK era of out history because that is not intimidating to anyone ... but it's not okay to call for the Senate Judiciary Committee to do its job because that intimidates judges ... is that right?
O’Connor said tensions have historically existed between Congress and the courts, but she added: “It isn’t any more pleasant today. ... And I hope that we will see an end to this, but it won’t happen right away, and it will take the work of thoughtful citizens who say, ‘We don't want to have this from either extreme, so let’s move on.’”Larue went on to add ...
Those who’ve employed all manner of inflammatory rhetoric against President Bush’s judicial nominees are now criticizing those who dare to express any criticism of judges. It makes one wonder if Senate Democrats bent on abusing the filibuster to block up-or-down votes on the president’s nominees that they find “extremist,” would find Justice O’Connor’s cross burning rhetoric extreme. Don’t hold your breath.To paraphrase Larue's final mortar shot over the Supremes back wall, one would think that if black people must "abide cross burning for the sake of free speech," we might the men and women in black "to live by the rules they impose on the rest of us."
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