Libertarian, free speech specialist lawyer/blogger Ken White has some news for the anti-Brett Kavanaugh fanatics who are claiming that he will lead an evil Republican plot to take away our civil rights. In a Popehat post titled “You”ll Hate This Post on Brett Kavanaugh”, —which tells you a lot about his readers, don’t you think?—Ken demonstrates that he. unlike the reflex foes of President Trump’s distinguished nominee to replace Justice Kennedy on the Supreme Court, has done his home work, and has made a fair and objective analysis of Kavanaugh’s record on the crucial Constitutional issue of free speech.
“In conclusion, Kavanaugh’s work on the D.C. Circuit show a judge strongly protective of free speech rights, and part of the trend of applying free speech doctrines both to classic scenarios and to government regulation. His stance on telecommunications and elections laws will get him painted as part of the “weaponize free speech” movement by results-oriented thinkers. He’s strong on First Amendment limits on defamation law and his approach to anti-SLAPP statutes do not, as some have suggested, signal that he wants to make defamation cases easier. But though he might help upset applecarts by applying the First Amendment to regulatory schemes, and will not uphold broad speech restrictions, he will likely not overturn doctrines that make it hard for individuals to recover for speech violations.”
This won’t make any difference to “the resistance,” of course, or Chuck Schumer, or your Facebook friends who have never bothered to read a single one of the judge’s opinions but just know he’s a heartless, Nazi monster since he was appointed by one. But whatever Ken White is, he is not partisan, or political, and like me, he correctly regards the freedom of speech as the cornerstone of our democracy, and dedicated protectors of it —like Ken—as ethics heroes.
By the way, I love his post. I wonder how many Democrats and progressives have the integrity to accept it. Being a defender of free speech may be just one more reason for the Left to fear Brett Kavanaugh.