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 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 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 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 Kennedy