With the release of Justice Breyer"™s new book yesterday, coverage of the Court has continued to focus on the book and his appearances to promote it.  In particular, the Justice"™s comments "“ in response to a question from George Stephanopoulos, to which Nabiha linked in yesterday"™s round-up "“ about whether the First Amendment might protect Qur"™an burning have drawn attention.  On the Washington Post"™s PostPartisan blog, Charles Lane examines Justice Breyer"™s use of the "crowded theater" analogy coined by Justice Oliver Wendell Holmes and ultimately concludes that burning Qur"™ans "to make a political point . . . is clearly constitutional." The editorial board of the Washington Times agrees, arguing that, "Holmes’ "clear and present danger"™ test doesn’t apply to Koran burning because there is no imminent danger. The world is not a small, dark, crowded room with few exits."  At Concurring Opinions, Gerald Magliocca dismisses the suggestion that "burning a Koran in the age of YouTube is akin to shouting "fire"™ falsely in a crowded theater" as "absurd," while David Rittgers of Cato @ Liberty also criticizes the Justice"™s comments. More generally, NPR"™s Fresh Air reprints highlights from Terry Gross"™s interview with the Justice.


As the Associated Press reports, Justice Scalia has issued a stay of a Louisiana state court order requiring tobacco companies to pay $270 million for a smoking cessation program.

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