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Freedom of speech, religion and other First Amendment issues are likely to be among the most visible during the coming Senate confirmation hearings on President Obama's nomination of Solicitor General Elena Kagan for the U.S. Supreme Court. As an illustration why, consider this quote dug up by the First Amendment Center's David L. Hudson, who found it in a government brief signed by Kagan in United States v Stevens:
“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.”
[Which part of the Constitution says that?]
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