It 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 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 PosnerViolent video games played in public places are a tiny fraction of the media violence to which modern American children are exposed. Tiny - and judging from the record of this case, not very violent compared to what is available to children on television and in movie theaters today.
Richard PosnerFact is often stranger than fiction because most writers of fiction try to make their stories plausible.
Richard PosnerThe 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 Posner