Requiring that an execution be relatively painless...actually undermines the very premise on which public approval of the retribution rationale is based.
John Paul StevensThe graphic emphasis placed on those first lines is rather hard to square with the proposition that the monument expresses no particular religious preference.
John Paul StevensBy requiring that an execution be relatively painless, we necessarily protect the inmate from enduring any punishment that is comparable to the suffering inflicted on his victim. This trend, while appropriate and required by the Eighth Amendment's prohibition on cruel and unusual punishment, actually undermines the very premise on which public approval of the retribution rationale is based.
John Paul StevensAs a matter of constitutional tradition, in the absence of evidence to the contrary, we presume that governmental regulation of the content of speech is more likely to interfere with the free exchange of ideas than to encourage it. The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.
John Paul Stevens