What is shocking and wrong is not [Lord Devlin's] idea that the community's morality counts, but his idea of what counts as the community's morality.
Ronald DworkinDiscretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?
Ronald DworkinBalanced' is a code for 'denied': a right to free speech that must be 'balanced' against so exhaustive a list of other supposed values means a right that can be exercised only when those in power judge that the speech in question is innocuous to them.
Ronald Dworkin