More J. RBG Bits from 10/19/07
-On whether the government should regulate speech: The best way to fight hate speech is with good speech -- not with repressing freedom of expression.
-On squabbles between the Court and Congress: We shouldn't worry about them too much -- they are ultimately healthy, and they are as old as the Republic! The venerable case of Marbury v. Madison is a perfect example: it was argued in 1801 but wasn't decided until 1803. Why? Because Congress was angry at the Court and would not appropriate enough money to allow the Court to sit in the year 1802. The two branches have been at loggerheads since the very beginning.
-On Minnesota v. White, a case invalidating limits on the content of speech by judicial candidates in a contested election, which drew a strong Ginsburg dissent: RBG called this a "Gertrude Stein" case. G. Stein famously said, "A rose is a rose is a rose." RBG thinks the majority in White believed an election is an election is an election, and that's just not the case. Judicial elections are a special animal and the state legislature has a right to treat them that way. The Justice noted, however, that although she thinks White is "quite wrong," it is also quite narrow if read properly. In short, she said, "It is a wrong decision but it can be contained."
Lily's overall impressions of Justice Ginsburg (or her public persona, anyway): She has a reputation for being austere and/or severe, but I think that is just an overblown reaction to her natural reserve. She was serene, unhurried, and seemed unflappable. She was above all dignified. When someone asked her a question, she generally let the silence stretch for several seconds before answering; but then she would come out with an articulate, well-organized, and complex response. It was this practice, as much as anything, that I found personally educational -- so often I find myself replying immediately to a question with a torrent of disorganized thoughts! I would like to be less eager to please in my responses, and better organized. For this concept alone, the conference was worth attending.
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