What Do You Think?

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“The Constitution exists precisely so that opinions and judgments, including esthetic and moral judgments about art and literature, can be formed, tested, and expressed. What the Constitution says is that these judgments are for the individual to make, not for the Government to decree, even with the mandate or approval of a majority. Technology expands the capacity to choose; and it denies the potential of this revolution if we assume the Government is best positioned to make these choices for us.”—Supreme Court Justice Anthony M. Kennedy

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“Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.”—Benjamin Franklin

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“Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.”—U.S. Supreme Court Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U. S. 357 (1927)

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“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”—Supreme Court Justice William J. Brennan, Jr., Texas v. Johnson, 491 U.S. 397 (1989)

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“It will be asked whether one would care to have one’s young daughter read these books. I suppose that by the time she is old enough to wish to read them she will have learned the biologic facts of life and the words that go with them. There is something seriously wrong at home if those facts have not been met and faced and sorted by then; it is not children so much as parents that should receive our concern about this. I should prefer that my own three daughters meet the facts of life and the literature of the world in my library than behind a neighbor’s barn, for I can face the adversary there directly. If the young ladies are appalled by what they read, they can close the book at the bottom of page one; if they read further, they will learn what is in the world and in its people, and no parents who have been discerning with their children need fear the outcome. Nor can they hold it back, for life is a series of little battles and minor issues, and the burden of choice is on us all, every day, young and old.”—Judge Curtis Bok, Commonwealth v. Gordon, 66 Pa. D. & C. 101, 110.

[strawberry]

“Only the suppressed word is dangerous.”—

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“What happened was the gradual habituation of the people, little by little, to be governed by surprise, to receiving decisions deliberated in secret; to believe that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if people could understand it, it could not be released because of national security. ~ The crises and reforms (real reforms too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter. ~ To live in the process is absolutely not to notice it — please try to believe me — unless one has a much greater degree of political awareness, acuity, than most of us ever had occasion to develop. Each step was so small, so inconsequential, so well explained or, on occasion, ‘regretted.’ ~ Believe me this is true. Each act, each occasion is worse than the last, but only a little worse. You wait for the next and the next. You wait for one shocking occasion, thinking that others, when such a shock comes, will join you in resisting somehow. ~ Suddenly it all comes down, all at once. You see what you are, what you have done, or, more accurately, what you haven't done (for that was all that was required of most of us: that we did nothing) . . . You remember everything now, and your heart breaks. Too late. You are compromised beyond repair.”—A German professor describing the coming of fascism in They Thought They Were Free by Milton Mayer

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“Without Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as publick Liberty, without Freedom of Speech.”—Benjamin Franklin

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“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”— UN Universal Declaration of Human Rights

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“I am really mortified to be told that, in the United States of America, a fact like this [i.e., the purchase of an apparent geological or astronomical work] can become a subject of inquiry, and of criminal inquiry too, as an offense against religion; that a question about the sale of a book can be carried before the civil magistrate. Is this then our freedom of religion? and are we to have a censor whose imprimatur shall say what books may be sold, and what we may buy? And who is thus to dogmatize religious opinions for our citizens? Whose foot is to be the measure to which ours are all to be cut or stretched? Is a priest to be our inquisitor, or shall a layman, simple as ourselves, set up his reason as the rule for what we are to read, and what we must believe? It is an insult to our citizens to question whether they are rational beings or not, and blasphemy against religion to suppose it cannot stand the test of truth and reason. If [this] book be false in its facts, disprove them; if false in its reasoning, refute it. But, for God’s sake, let us freely hear both sides, if we choose.”— Thomas Jefferson to N. G. Dufief, 1814. ME 14:127

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“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”—Supreme Court Justice Robert H. Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

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“He that would make his own liberty secure must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach to himself.”— Dissertations on First Principles of Government, Thomas Paine

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“[F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.”—Supreme Court Justice Robert H. Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)