In 1989, Elena Kagan filed an amicus brief arguing that 2 Live Crew's album, As Nasty As They Wanna Be, which had been banned by a federal judge because of its sexual content, wasn't obscene in part because no one could possibly be aroused by it. "Nasty does not physically excite anyone who hears it," Kagan wrote, "much less arouse a shameful and morbid sexual response." A higher court ultimately overturned the ban.
She is not going to let any person or group tell her what is right or wrong. Kagan will judge each case based on the law of the land. She has demonstrated she can protect the Constitution by doing the fine work she did to protect 2 Live Crew's freedom of speech.
How many Republican votes is this worth? All of them?
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