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" "Our system presumes that there are certain principles that are more important than the temper of the times. And you must have a judge who is detached, who is independent, who is fair, who is committed only to those principles, and not public pressures of other sort.
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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The instant case involves liberty of the person both in its spatial and more transcendent dimensions.... Bowers was not correct when it was decided, and it is not correct today.... As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
"First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."
[Ashcroft v. Free Speech Coalition (00-795), 198 F.3d 1083, affirmed.]