“Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.” IfsKindLawPoliticalTurnsStrongProcessLibertyOpinionRiskSpecialPolicyExampleShapesSpeechAreasCarefulActiveRelatedOfficialsJustifyReviewsFreedom Of SpeechPublic OpinionJudicialPresumptionElected OfficialsLive FreePublic OfficialsPolicy Making Author:Stephen Breyer
“I think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.” IfsThinkingMeanLawSituationClearJudgingCourtWork OutLawyerAppealsIn-laws Author:Stephen Breyer
“Independence means you decide according to the law and the facts.” MeanFactsLawIndependence Author:Stephen Breyer
“You will read in the newspaper more often about federal courts, but the law that affects people, the trials that affect human beings are by and large in the state courts” PeopleHumansStatesLawHuman BeingsCourtNewspapersTrials Author:Stephen Breyer
“It's important to every American that the law protect his or her basic liberty” ImportantLawLibertyProtect Author:Stephen Breyer
“This understanding, underlying constitutional interpretation since the New Deal, reflects the Constitution's demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions.” LawSocialUnderstandingDealsEconomicConditionsDemandConstitutionInstitutionsSufficientInterpretationTechnologicalFlexibilityNew Deal Author:Stephen Breyer
