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I think maybe the people in elected positions are more interested in preserving their jobs than in doing the best job possible.
Public officials, including state legislators, have a duty to act impartially.
I have been opposed to ceremonies at the White House. It gives the impression that the court is subordinate to the executive, which I think is quite wrong.
During my years as a practicing lawyer, it just was part of your study of what Congress was trying to say in their statutes. I never really considered judges or scholars as either those who used legislative history or those who were opposed to it until after I got on the court.
The practice of executing such offenders is a relic of the past and is inconsistent with evolving standards of decency in a civilized society.
It is not our job to apply laws that have not yet been written.
They may not be conscripted against their will as the foot soldiers in a federal crusade.
The government must pursue a course of complete neutrality toward religion.
The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship.
When the commission finds that a pig has entered the parlor, the exercise of its regulatory power does not depend on proof the pig is obscene.
Although it may not be a castle, [it is the] functional equivalent of a hotel room, a vacation and retirement home or a hunting and fishing cabin.
Just as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority.
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.
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
It might be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established.
Even in high school, a rule that permits only one point of view to be expressed is less likely to produce correct answers than the open discussion of countervailing views.
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.
But I really think it's a very unfortunate part of our judicial system and I would feel much, much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and to have stakes as high as you do in these cases, there is a special potential for error. We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.
I think this country would be much better off if we did not have capital punishment.... We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.
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