Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts". This is community censorship in one of its worst forms. It creates a regime where in the battle between the literati and the Philistines, the Philistines are certain to win.
William O. DouglasRelated topics
amendment battle censor censorship certain community destructive expression freedom impurity literati loose matter offensive regime sexual tendency test under win worstRelated quotes
Colour, as the strange and magnificent expression of the inscrutable spectrum of Eternity, is beautiful and important to me as a painter; I use it to enrich the canvas and to probe more deeply into the object. Colour also decided, to a certain extent, my spiritual outlook, but it is subordinated to life, and above all, to the treatment of form. Too much emphasis on colour at the expense of form and space would make a double manifestation of itself on the canvas, and this would verge on craft work.
Max Beckmann
In Islam there is a line between let's say freedom and the line which is then transgressed into immorality and irresponsibility and I think as far as this writer is concerned, unfortunately, he has been irresponsible with his freedom of speech. Salman Rushdie or indeed any writer who abuses the prophet, or indeed any prophet, under Islamic law, the sentence for that is actually death. It's got to be seen as a deterrent, so that other people should not commit the same mistake again.
Cat Stevens
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
Anthony Kennedy
Neither the United States of America nor the world community of nations can tolerate deliberate deception and offensive threats on the part of any nation, large or small. We no longer live in a world where only the actual firing of weapons represents a sufficient challenge to a nation's security to constitute maximum peril. Nuclear weapons are so destructive and ballistic missiles are so swift, that any substantially increased possibility of their use or any sudden change in their deployment may well be regarded as a definite threat to peace.
John F. Kennedy
That community is already in the process of dissolution where each man begins to eye his neighbor as a possible enemy, where non-conformity with the accepted creed, political as well as religious, is a mark of disaffection; where denunciation, without specification or backing, takes the place of evidence; where orthodoxy chokes freedom of dissent; where faith in the eventual supremacy of reason has become so timid that we dare not enter our convictions in the open lists, to win or lose.
Learned Hand
