Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.
Art derives a considerable part of its beneficial exercise from flying in the face of presumptions.Henry James
Photography, if practiced with high seriousness, is a contest between a photographer and the presumptions of approximate and habitual seeing. The contest can be held anywhere...
Principle II:;: The presumptions of the law are creative presumptions:;: they are aimed at conditions to be brought about, and only for that reason ignore conditions which exist.william ernest hocking
If we pretend to respect the artist at all we must allow him his freedom of choice , in the face, in particular cases, of innumerable presumptions that the choice will not fructify.Henry James
No one can doubt that presumptions may be made in criminal as well as in civil cases. It is constantly the practice to act upon them, and I apprehend that more than one half of the persons convicted of crimes are convicted on presumptive evidence.
I readily admit that the law which requires presumption or custom to be carried back for a period of nearly 700 years, is a bad and mischievous law, and one which is discreditable to us as a civilised and enlightened people, but such is the law; and while it so continues, I consider myself, in administering it, as bound to administer it as I find it; nor do I feel myself warranted in undermining or frittering it away by subtle fictions or artificial presumptions inconsistent with truth and fact.