RNLA Chair Norcross on Kagan's Troubling First Amendment Record

This morning, RNLA Chair David Norcross participated in a press conference on the steps of the Supreme Court to speak on the nomination of Solicitor General Elena Kagan to the Supreme Court. Norcross was joined by representatives from the Committee for Justice, Center for Military Readiness, Judicial Action Group, Concerned Women for America, Liberty Center for Law and Policy, and Americans United for Life – each addressing different aspects of Kagan's record, or lack thereof, that show her to be unfit to serve as a Justice of the Supreme Court.

Norcross addressed what he called the most troubling aspect of Kagan's record – her past statements and writings regarding the First Amendment.  He discussed Kagan's view that what makes a piece of legislation affecting the First Amendment constitutional or unconstitutional is not its practical consequences, but the motives of its authors – a theory completely contrary to Supreme Court jurisprudence. 

Further, he argued that Kagan's involvement on behalf of the government in the Citizens United case made clear that she favors political censorship.  During the Citizens United hearing, stated that "a pamphlet is pretty classic electioneering" and the government could restrict their distribution.  This position amounts to government censorship, exactly the kind of restriction on speech that the First Amendment was designed to protect against. 

Moreover, while an aide in the Clinton White House, she co-authored a memo to President Clinton in which she stated that despite the Supreme Court ruling in Buckley v. Valeo, money arguably does not amount to speech and that attempts to restrict who can contribute and spend money in the political area should be advanced.  Norcross emphasized that money is required to speak to a mass audience of voters and by limiting it, one is limiting the ability to speak about politics – something the Supreme Court has upon several occasions held to be unconstitutional under the First Amendment.

A video of the press conference will be available soon. Please click here for the RNLA press release on Norcross' statement.