For some of us, Elena Kagan is deja vu all over again. Whether or not she belongs on the Supreme Court of the United States, she’d be a shoo-in as successor to Jennifer Lynch, QC, Canada’s Chief Censor. Ms Kagan’s views on free speech could come straight from any Canadian “human rights” tribunal hearing:
Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs.
“Balancing” is the code word there. Canada’s thought police are all about the “balancing“.