Word: bork
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Dates: during 1980-1989
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...most notable changes involves free speech. In a 1971 Indiana Law Journal article, Bork argued that "constitutional protection should be accorded only to speech that is explicitly political." He also challenged as "fundamentally wrong" the court's 1969 decision in Brandenburg v. Ohio, which held that speech advocating violence can be restricted only when it is "directed to inciting or producing imminent lawless action...
...Though Bork testified that he had altered these views some time ago, last week marked the first public retreat from his stands. On political speech, Bork explained that the "area of what is political or what affects politics has expanded enormously . . . So I have expanded to where I am about where the Supreme Court is." On the protection of subversive speech, Bork declared that he now accepts the Brandenburg decision because it is "settled law." His capitulation was all the more surprising since only two years ago, in an interview with Conservative Digest, Bork said his First Amendment philosophy...
...Bork also wrote in his 1971 article that the "equal protection" clause of the 14th Amendment was intended to apply only to racial discrimination. He has repeatedly and recently criticized attempts to expand it to women or other groups, saying this could "trivialize the Constitution and spread it to areas it did not address...
...testimony last week, however, Bork said the 14th Amendment should apply to women -- or any individual -- who might be subject to government- sanctioned discrimination that did not pass a "reasonable basis" test. But he sidestepped attempts to pin him down on what sort of discrimination might be "reasonable." Did the word cover mandatory disease testing or higher insurance rates for certain groups, based on statistical evidence? Bork cited separate toilet facilities as one example where sex discrimination was appropriate, prompting Arizona Democrat Dennis DeConcini, an undecided member, to retort, "Isn't that a bogus argument? We're not talking about...
...area of sharp scrutiny was the respect Bork would give to prior decisions with which he disagreed. Under questioning from Committee Chairman Joseph Biden, Bork tried to lay to rest fears that he would seek to overturn liberal court decisions. Said he: "A judge must give great respect to precedent." In his previous writings, he has said that the court should be careful about reversing decisions when that would disrupt large bodies of established laws and practices. The cases he usually cited involved decisions relating to interstate commerce, but last week he declared this view would apply to First Amendment...