Anthony Kennedy: Amendment

Anthony Kennedy is Associate Justice of the Supreme Court of the United States. Explore interesting quotes on amendment.
Anthony Kennedy: 56 quotes1 like

“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

Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) (Opinion of the Court).

“Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. […] The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. […] By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each.”

Anthony Kennedy

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (Opinion of the Court).

“The respondents in this case insist that a difficult question of public policy must be taken from the reach of the voters, and thus removed from the realm of public discussion, dialogue, and debate in an election campaign. Quite in addition to the serious First Amendment implications of that position with respect to any particular election, it is inconsistent with the underlying premises of a responsible, functioning democracy. One of those premises is that a democracy has the capacity—and the duty—to learn from its past mistakes; to discover and confront persisting biases; and by respectful, rationale deliberation to rise above those flaws and injustices. That process is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds. The process of public discourse and political debate should not be foreclosed even if there is a risk that during a public campaign there will be those, on both sides, who seek to use racial division and discord to their own political advantage. An informed public can, and must, rise above this. The idea of democracy is that it can, and must, mature. Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people.”

Anthony Kennedy

Schuette v. Coalition to Defend Affirmative Action, 572 U. S. ____, (2016), plurality opinion.

“When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

Anthony Kennedy

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (Opinion of the Court).

“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

International Society for Krishna Consciousness v. Lee, 505 U.S. 672 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=505&invol=672 (concurring opinion) (26 June 1992).

“Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”

Anthony Kennedy

Lawrence v. Texas, 539 U.S. 558 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=02-102 (26 June 2003).

“The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside down. The Government may not suppress lawful speech as the means to suppress unlawful speech. Protected speech does not become unprotected merely because it resembles the latter. The Constitution requires the reverse.”

Anthony Kennedy

Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) (Opinion of the Court).