On the heels of the right-wing distortion of Elena Kagan's academic record to falsely claim Kagan is anti-free speech (she isn't), right-wing blog KaganWatch is highlighting the fact that Kagan worked on a brief in support of rap group 2 Live Crew's defense against an obscenity case.

In a May 13 post titled: “Kagan has 'judicial' experience...she supported rappers,” (Oh, snap! A double hit) KaganWatch highlighted a McClatchy article reporting that Kagan filed the brief for the Recording Industry Association of America to help the rap group defeat the obscenity charges against its album, “As Nasty As They Wanna Be,” and its single, “Me So Horny,”

KaganWatch's attempt to make something out of Kagan's brief is laughable. Kagan was a junior law firm associate in private practice when she worked on that brief on behalf of a client. And the work a lawyer does on behalf of a client is not evidence of the lawyer's judicial philosophy, as activists on the left and the right noted during the confirmation proceedings for Chief Justice John Roberts.

But what is really interesting is that the right-wing media can't seem to get its attack on Kagan straight: is she anti-free speech as Rush Limbaugh and Glenn Beck have falsely suggested, or is she too protective of free speech? Either way, the attack is nonsense.