The Constitution has to be interpreted loosely, otherwise it becomes a straitjacket. You can't interpret it literally. You can pretend to, and go digging around in 18th Century dictionaries to figure out what 'cruel and unusual punishment' meant or what the 'right to bear arms' meant, but that is all fake really. The Constitution has to be interpreted in light of modern needs, and that's what they (the strict interpreters) end up doing in spite of all their investigations.
Richard PosnerAs a social good, I think privacy is greatly overrated because privacy basically means concealment. People conceal things in order to fool other people about them. They want to appear healthier than they are, smarter, more honest and so forth.
Richard PosnerIf belief in the existence of God is predicted to lead to a feeling of contentment, and the prediction is fulfilled, does it follow that God exists? Surely not. All that would follow would be the desireability of the belief.
Richard PosnerFact is often stranger than fiction because most writers of fiction try to make their stories plausible.
Richard PosnerThe only rationale that the states put forth with any conviction-that same-sex couples and their children don't need marriage because same-sex couples can't produce children, intended or unintended-is so full of holes that it cannot be taken seriously.
Richard PosnerA diversity of approaches is necessary if there is to be a good chance of hitting on one that works. Progress is a social undertaking & achievement, because people see things differently
Richard PosnerIt is the censor's business to make a judgment about the propriety of the content or message of the proposed expressive activity. The regulation here does not authorize any judgment about the content of any speeches. ... A park is a limited space, and to allow unregulated access to all comers could easily reduce rather than enlarge the park's utility as a forum for speech. Just imagine two rallies held at the same time in the same park area using public-address systems that drowned out each other's speakers.
Richard Posner