“We should be looking for new approaches, devising new arguments,” Kagan declared, according to video of the event reviewed by POLITICO. She seemed to count herself among “those of us who favor some form of pornography and hate speech regulation” and told participants that “a great deal can be done very usefully” to crack down on such evils.
“Statutes may be crafted in ways that prohibit the worst of hate speech and pornography, language that goes to sexual violence. Such statutes may still be constitutional,” Kagan assured the meeting. She pressed for “new and harsher penalties against the kinds of violence against women that takes place in producing pornography, the use of pandering statutes and pimp statutes against pornographers…perhaps the initiation—the enactment of new statutes prohibiting the hiring of women for commercial purposes to engage in sexual activities.”
A review of Kagan’s writings, public comments, and legal briefs offers a series of indications that she stands in the camp of left-leaning legal academics who view pornography as a social evil that the government should be taking more action to control.
Some of Kagan’s proposals, particularly her call for more prosecutions under the largely dormant obscenity laws, are highly controversial among civil libertarians and First Amendment advocates.
I have said it before and I will say it again. if you think the Democrats are our friends you have your head in the sand. They can and will sell us out if there is a shred of political gain in it and right now porn is NOT being seen by the general public as some benign threat. So there is political gain. There’s a storm coming and if Kagan gets confirmed , and she likely will, that’s one more nail in our coffin.