In the University of Chicago Law Review in 1996 Kagan wrote, "If there is an 'overabundance' of an idea in the absence of direct governmental action--which there well might be when compared with some ideal state of public debate--then action disfavoring that idea might 'un-skew,' rather than skew, public discourse." We have a question for the prospective Justice: Who decides which ideas are "overabundant"? Click Here Read More
