Active Quote by Stephen Breyer
“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.”
About This Quote
Source Opinion piece: Harvard Law Review, 2015
Restricting political speech threatens democracy; strong presumptions protect free expression.
In simple terms: Limiting political speech harms democracy.
Key Takeaway
Guard free speech, especially political.
Themes
democracy
free speech
judicial standards
political process
Mood
cautious
analytical
Type
legal
philosophical
When to use this quote
- legislative drafting
- court rulings
- media regulation
Key Concepts
constitutional law
public opinion
judicial review
Questions to Reflect On
- Should all political speech be protected?
- When does speech become harmful to society?
A Different Perspective
Balancing speech rights with hate speech concerns is complex.
