Alito Calls Free-Speech Limits 'Dangerous' as Court Considers Cases - washingtonpost.com

Justice Samuel Alito hints at his stance on cases involving the First Amendment in a talk at the National Italian American Foundation yesterday.

Two of the court's biggest remaining cases focus on the First Amendment, and while Alito didn't mention either, he did make it clear that any restrictions on speech face a high hurdle with him.

"I'm a very strong believer in the First Amendment and the right of people to speak and to write," Alito said in response to a question of "where's the line" on what can be posted on the Internet. "I would be reluctant to support restrictions on what people could say."

The newest justice, who was protective of speech rights as an appellate judge, added that "some restrictions have been held to be consistent with the First Amendment, but it's very dangerous for the government to restrict speech."

Alito's vote is expected to be influential and perhaps decisive in two of the court's biggest cases concerning free-speech restrictions.

One is the "Bong Hits 4 Jesus" case in which the court is examining whether a principal violated the rights of a student who unfurled that message along a parade route across from the school. It's considered the most important student speech case to reach the court in decades.

And the court is also deciding a challenge to a part of the McCain-Feingold campaign finance law that says corporations, unions and special interest groups may not name federal candidates in ads broadcast in the run-up to elections. A group called Wisconsin Right to Life says that is an unconstitutional infringement on free speech.

To be fair, most Court watchers knew of Alito's disposition on speech rights and it is not surprising that he made these statements. Of course, Alito is an experienced jurist and knows that while principals are important, a lot of cases come down to facts and circumstances.