As 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 StevensWhen the commission finds that a pig has entered the parlor, the exercise of its regulatory power does not depend on proof the pig is obscene.
John Paul StevensThe interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.
John Paul StevensBut I really think it's a very unfortunate part of our judicial system and I would feel much, much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and to have stakes as high as you do in these cases, there is a special potential for error. We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.
John Paul StevensEven in high school, a rule that permits only one point of view to be expressed is less likely to produce correct answers than the open discussion of countervailing views.
John Paul StevensJust as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority.
John Paul Stevens