Asking questions is an essential part of police investigation. In the ordinary sense a police officer is free to ask a person for identification without implicating the Fourth Amendment.
Anthony KennedyThe federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.
Anthony KennedyFirst 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 KennedyWe must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.
Anthony KennedyThe lessons of the First Amendment are as urgent in the modern world as the 18th Century when it was written. One timeless lesson is that if citizens are subjected to state-sponsored religious exercises, the State disavows its own duty to guard and respect that sphere of inviolable conscience and belief which is the mark of a free people.
Anthony KennedyThe court decided, based on its reading of our precedents, that the effects test of Lemon is violated whenever government action creates an identification of the state with a religion, or with religion in general, ...or when the effect of the governmental action is to endorse one religion over another, or to endorse religion in general.
Anthony KennedyIn the political context fair means somebody that will vote for the unions or for the business. It can't mean that in the judicial context or we're in real trouble.
Anthony KennedyThere's substance to the point that sociological information is new. We have five years of information to weigh against 2,000 years of history or more.
Anthony KennedySometimes it is easy... to enhance your prestige by not exercising your responsibility, but that's not been the tradition of the court.
Anthony KennedyThe case for freedom, the case for our constitutional principles the case for our heritage has to be made anew in each generation. The work of freedom is never done.
Anthony KennedyThe 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.
Anthony KennedyThe Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.
Anthony KennedyYou have plaintiffs attorneys, you have defense attorneys. So there is no unified bar that will protect a particular judge who has made a courageous decision that's unpopular.
Anthony KennedyAs the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
Anthony KennedySometimes you don't know if you're Caesar about to cross the Rubicon or Captain Queeg cutting your own tow line.
Anthony KennedyThe First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech.
Anthony KennedyI do not think that we should select judges based on a particular philosophy as opposed to temperament, commitment to judicial neutrality and commitment to other more constant values as to which there is general consensus.
Anthony KennedyAt the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.
Anthony KennedyThe remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.
Anthony KennedyNo one questions the validity, the urgency, the essentiality of the Voting Rights Act.
Anthony KennedyThere's a time for debate and a time for consensus. There's a time for advocacy and time for first principles.
Anthony Kennedy