Scalia’s out of step — again

I haven’t gone through the opinions in today’s McCain-Feingold decision, but was struck by an excerpt from Justice Scalia’s dissent that shows how much at odds with contemporary liberalism his views really are:

“Who could have imagined that the same court which, within the past four years, has sternly disapproved of restriction upon such inconsequential forms of expression as virtual child pornography, tobacco advertising, dissemination of illegally intercepted communications, and sexually explicit cable programming, would smile with favor upon a law that cuts to the heart of what the First Amendment is meant to protect: the right to criticize the government…”

The very things Scalia calls “inconsequential”—virtual child pornography and sexually explicit cable programming—are, from the contemporary liberal standpoint, aspects of sexual and lifestyle expressiveness that are worthy of the highest degree of protection. They are a sacred part of what it is to be human. In contrast, the point of government is to advance equality, promote economic efficiency, and protect a list of rights that is already long enough to determine in advance most features of social life. That makes government basically a matter for experts and functionaries, with the role of the people limited to the periodic display of approval. To perform that role they need only to be educated, and professionals in the schools, the New York Times, and other institutions will be able to perform that function all the better if pesky political ads, which only confuse the people, are done away with.

4 thoughts on “Scalia’s out of step — again”

  1. I again urge Justice Scalia
    I again urge Justice Scalia to abandon the Court, which is corrupt and unworthy of a Catholic. Justice Scalia could excorciate President Bush for his blatantly racial appointments and treasonous overtures to Mexican illegals. Yes he has value as a brilliant voice of conservatism, but he is impotent; he is an outstanding halfback on a losing team. Let him blast Mr. Bush out of the next election, which would result in a quick death of conservative deceitism. Conservative deceit is liberalism.

  2. I am preparing to take the
    I am preparing to take the Michigan Bar exam having recently graduated law school. As a third generation attorney I would expect to be excited at the prospect.
    Alas, this is not the case.
    Apparently Im to be a functionary – beuracrat for the liberal state.
    Militantism seems a more honored & practical approach to social change.

  3. The following is somewhat
    The following is somewhat related to your post:

    “Abercrombie and Fitch is being sued for employment discrimination in the hiring of people who work at the store. Goldberg discusses the semi-pornographic nature of the A&F catalogue and tries to make it sound as if liberals think racial discrimination should be banned in porn movies. Nevertheless, the Civil Rights Act very clearly makes an exception for on-stage and on-camera entertainers. Obviously, if you want to make a movie that deals with racial and ethnic themes, you need to be able to discriminate in your casting decisions and this fact was perfectly clear to the liberal authors of the bill. So no worries about the left taking your Asian-fetish porn away—we’ve got it all taken care of!”

    From Matthew Yglesias.

  4. The opinion is so long that
    The opinion is so long that it ought to be stricken. To proffer such a text is to proffer gibberish. What can one possibly discern from such a prolix writing? The participating rationales might as well be Greek. The holding is truly awful, and should be addressed without reference to the word salad that is the text of the opinion, which is a generous word for the writing.


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