The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.
Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment.
We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.
The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.
Democracy is something that you must learn each generation. It has to be taught.
I do not think that we should select judges based on a particular philosophy as opposed to temperament, commitment to judicial neutrality and commitment to other more constant values as to which there is general consensus.
As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
The case for freedom, the case for our constitutional principles the case for our heritage has to be made anew in each generation. The work of freedom is never done.
No one questions the validity, the urgency, the essentiality of the Voting Rights Act.
Sometimes it is easy... to enhance your prestige by not exercising your responsibility, but that's not been the tradition of the court.
In the political context fair means somebody that will vote for the unions or for the business. It can't mean that in the judicial context or we're in real trouble.
You have plaintiffs attorneys, you have defense attorneys. So there is no unified bar that will protect a particular judge who has made a courageous decision that's unpopular.
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