The Amendment nullifies sophisticated as well as simple-minded modes of discrimination.
People cited violation of the First Amendment when a New Jersey schoolteacher asserted that evolution and the Big Bang are not scientific and that Noah's ark carried dinosaurs. This case is not about the need to separate church and state; it's about the need to separate ignorant, scientifically illiterate people from the ranks of teachers.neil degrasse tyson
I am prepared to waive the privilege against self-incrimination and to tell you everything you wish to know about my views or actions if your committee will agree to refrain from asking me to name other people. If the committee is unwilling to give me this assurance, I will be forced to plead the privilege of the fifth Amendment at the hearing.lillian hellman
[The] National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding.robert bork
I say that the Second Amendment doesn't allow for exceptions or else it would have read that the right "to keep and bear arms shall not be infringed, unless Congress chooses otherwise." And because there are no exceptions, I disagree with my fellow panelists who say the existing gun laws should be enforced. Those laws are unconstitutional [and] wrong because they put you at a disadvantage to armed criminals, to whom the laws are no inconvenience.harry browne
It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.charles evans hughes
It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.
We would, I think, more faithfully interpret the First Amendment by holding that, at the very least, it leaves the people and the press free to criticize officials and discuss public affairs with impunity. This Nation of ours elects many of its important officials; so do the States, the municipalities, the counties, and even many precincts. These officials are responsible to the people for the way they perform their duties.
At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.
There is no indication - either in the text of the Constitution or in our cases interpreting it - that a separate judicial category exists for the American flag alone. ... We decline ... therefore to create for the flag an exception to the joust of principles protected by the First Amendment.
Commanding goodness and forbiding to do evil (are) for the Amendment and correction of society and the common folks.fatimah
The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security ... .hugo black
An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.hugo black
The purpose of the University of Washington cannot be to produce black lawyers for blacks, Polish lawyers for Poles, Jewish lawyers for Jews, Irish lawyers for Irish. It should be to produce good lawyers for Americans and not to place First Amendment barriers against anyone.william o. douglas
The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.anthony kennedy
First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.anthony kennedy
For the Second Amendment to do its job, the other side must become much better informed. I watched an action-adventure program last night that asserted that the famous AK-47 the original peoples' rifle (and Authority's greatest mistake) is rare in this country, and that the only ones here were originally smuggled in from the Middle East, or possibly from South America. The idiots who wrote this mess seemed unaware that after legal imports mostly from China were illegally cut off by executive order, they began to be manufactured here.l. neil smith
The meaning of the First Amendment has been, and will be, shaped by each American generation: by judges, political leaders, citizens. There will always be authorities who try to make their own lives more comfortable by suppressing critical comment.… But I am convinced that the fundamental American commitment to free speech, disturbing speech, is no longer in doubt.
Anthony Lewis's Freedom for the Thought That We Hate: A Biography of the First Amendment offers a lucid and engaging overview of American free-speech law. The former Nieman Fellow has twice won the Pulitzer Prize, and this volume puts the skills that earned him those accolades much on display. Again and again, he brings to life the dramatis personae in leading cases, plucks out moving or telling quotations, and explains who won and who lost in order to provide a clear introduction to First Amendment doctrine.
It would be misleading to say that Hustler v. Falwell extended the scope of First Amendment speech protections. What the Supreme Court did, essentially, was to preserve the scope that already existed, which they did by rejecting an effort by the Appeals Court to allow a public figure, absent a finding of libel, to recover on a claim of emotional distress.
Hustler Magazine v. Falwell is a classic First Amendment case. Its antagonists could have been selected by central casting to embody the fundamental constitutional tension between anarchich self-expression and strict civic virtue.
Several decisions of this Court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment. . . . That right necessarily includes the right of a woman to decide whether or not to terminate her pregnancy.
What universities are saying by these codes, special protections, and double standards to women, to blacks, to Hispanics, to gay and lesbian students is, "You are too weak to live with freedom. You are too weak to live with the First Amendment." If someone tells you you are too weak to live with freedom, they have turned you into a child.
If there is a bedrock principle of 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.
The two-thirds rule [of the Senate], which can be changed only by constitutional Amendment, will no doubt continue for a long time to come. Like monogamy, it is not completely satisfactory, but, like monogamy, it has won general if somewhat grudging acquiescence.thomas a. bailey
In its Morgentaler decision of January 1988, the Supreme Court of Canada struck down the centrepiece of Canada's abortion law, section 251 of the Criminal Code. The court held that it conflicted with section 7 of the Charter of Rights and Freedoms, which guarantees the 'security of the person'. This ruling radically changed the legal status quo; it was as if Parliament had repealed that section of the Criminal Code without passing a replacement Amendment.thomas flanagan
Place not thy Amendment only in increasing thy devotion, but in bettering thy life. This is the damning hypocrisy of this age; that it slights all good morality, and spends its zeal in matters of ceremony, and a form of godliness without the power of it.
The test as to whether the Amendment should be allowed is whether or not the defendants can amend without placing the plaintiff in such a position that he cannot be recouped, as it were, by any allowance of costs or otherwise.
However negligent or careless may have been the first omission, however late the proposed Amendment, the Amendment should be allowed if it can be made without injustice to the other side. There is no injustice if the other side can be compensated by costs.