The Amendment nullifies sophisticated as well as simple-minded modes of discrimination.
That Amendment requires the state to be a neutral in its relations with groups of religious believers and nonbelievers; it does not require the state to be their adversary. State power is no more to be used so as to handicap religions than it is to favor them.hugo black
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
I simply cannot stand by and watch a right guaranteed by the Constitution of the United States come under attack from those who either can't understand it, don't like the sound of it, or find themselves too philosophically squeamish to see why it remains the first among equals: Because it is the right we turn to when all else fails. That's why the Second Amendment is America's first freedom.Charlton Heston
Now, I doubt any of you would prefer a rolled up newspaper as a weapon against a dictator or a criminal intruder. Yet in essence, that is what you have asked our loved ones to do, through an ill-contrived and totally naive campaign against the Second Amendment.Charlton Heston
The broadening of the economic order which came to be seated in the individual property owner… dramatized by Jefferson's purchase of the Louisiana Territory… "The supremacy of corporate economic power… consolidated by the Supreme Court decision of 1886 which declared that the Fourteenth Amendment protected the corporation… [the New Deal, leading to], within the political arena, as well as in the corporate world itself, competing centers of power that challenged those of the corporate directors.c. wright mills
The bottom line is that the First Amendment guarantees free speech including criticism of all peoples. We are an equal-opportunity offense country. To censor ourselves to avoid upsetting a certain group (in a cartoon no less) is un-American.
I think the conviction of appellant or anyone else for exhibiting a motion picture abridges freedom of the press as safeguarded by the First Amendment, which is made obligatory on the States by the Fourteenth.
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.
The censor is always quick to justify his function in terms that are protective of society. But the First Amendment, written in terms that are absolute, deprives the States of any power to pass on the value, the propriety, or the morality of a particular expression.
First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Supporters of [the Human Life Amendment] are often eloquent in their defense of the fertilized egg but are seldom willing to aid the woman whose body nourishes it.
This right of privacy...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy....[T]he word 'person', as used in the 14th Amendment, does not include the unborn.
The Amendment states but a truism that all is retained which has not been surrendered.harlan f. stone
And yet no approach to such unanimity is attainable unless some deference shall be paid to the will of the majority simply because it is the will of the majority . In this case the common end is the maintenance of the Union, and among the means to secure that end such will, through the election , is most clearly declared in favor of such constitutional Amendment.
“I'm not optimistic,” he said. “The issue clearly flies in the face of the First Amendment. People have a right to tell kids whatever they want about religion.” “Do they have a right to push human sacrifice?” “Of course not, Mac. But this isn’t human sacrifice. It’s just a church school.” “I'm not sure the effect isn’t similar.”jack mcdevitt
We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.
What distinguishes us from all other nations is the range and depth of the First Amendment's expressive individual liberties against government control of what we say and think. Having researched and written about it for more than 50 years, I can attest that the most compelling readable account of its tumultuous and often imperiled history is the newly published Freedom for the Thought That We Hate: A Biography of the First Amendment by Anthony Lewis.
Members of the military have a right to pray or not pray as they personally see fit, and that right is protected by the First Amendment to the Constitution. It is one of the fundamental rights they put their lives on the line to defend in service to their country. But the government should not be in the business of compelling religious observance, particularly in military academies, where students can feel coerced by senior students and officials and risk the loss of leadership opportunities for following their conscience.
Our Founding Fathers were the first to articulate the reasons for their First Amendment, the same reasons given by Learned Hand, and by Justice Brennan in New York Times v. Sullivan . It is a lesson we keep forgetting and must relearn in each succeeding generation.
Our country as a whole, no less than the Hastings College of Law, values tolerance, cooperation, learning, and the amicable resolution of conflicts. But we seek to achieve those goals through "[a] confident pluralism that conduces to civil peace and advances democratic consensus-building," not by abridging First Amendment rights.samuel alito