Last week, hate radio host Michael Savage, in conjunction with the Thomas More Law Center, filed a lawsuit against Homeland Security Secretary Janet Napolitano. They claim DHS has violated the plaintiffs’ First and Fifth Amendment rights by “attempting to chill their free speech, expressive association, and equal protection rights.” GWU Law Professor Orin Kerr responds:
Isn’t the lawsuit frivolous? As I read it, the lawsuit is claiming that the issuance of a government report criticizing certain groups violates the plaintiffs’ constitutional rights. But the Constitution doesn’t provide a constitutional right to have the government not say things that might be considered criticism. Perhaps the plaintiffs want the Constitution to be radically reinterpreted by activist judges to invent some brand-new constitutional rights?
Today’s Progress Report has more here on what the DHS report actually says and how conservatives are reacting.