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.

After all, a district judge who gives harsh sentences to Yankees fans and lenient sentences to Red Sox fans would not be acting reasonably even if her procedural rulings were impeccable.

Although NFL teams have common interests such as promoting the NFL brand, they are still separate, profit-making entities, and their interests in licensing team trademarks are not necessarily aligned

To show a well-founded fear of persecution, an alien need not prove that it is more likely than not that he or she will be persecuted in his or her home country.

The government must pursue a course of complete neutrality toward religion.

Requiring that an execution be relatively painless...actually undermines the very premise on which public approval of the retribution rationale is based.

By 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.