To her, Government motive is 'most important factor'.

She argues that government can restrict speech if it believes that speech might cause harm, either directly or by inciting others to do harm. 

All of this is of Elena Kagan's own mind and writing in her 1996 article in the University of Chicago Law Review entitled, “Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine.”

Read the whole paper here

Read More CNS News