“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
“Nobody wants a judge to be subject to the political whim of the moment.” WantMomentsPoliticalSubjectsJudgingUmpiresWhim Author:Stephen Breyer
“Judges are appointed often through the political process” PoliticalProcessJudging Author:Stephen Breyer
