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The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside… - Anthony Kennedy
" "The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside down. The Government may not suppress lawful speech as the means to suppress unlawful speech. Protected speech does not become unprotected merely because it resembles the latter. The Constitution requires the reverse.
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About Anthony Kennedy
Anthony McLeod Kennedy (born 23 July 1936) is an American lawyer and judge who served as an Associate Justice of the Supreme Court of the United States. He was nominated by President Ronald Reagan on November 11, 1987, and took the oath of office on February 18, 1988. Kennedy became the most senior Associate Justice on the court following the death of Antonin Scalia in February 2016. Kennedy retired in July 2018.
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Also Known As
Alternative Names:
Anthony McLeod Kennedy
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Anthony M. Kennedy
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Justice Anthony Kennedy
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The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.
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