We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.
Anthony KennedyRead
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.
Interpretation
What this quote means
The quote emphasizes that freedom of thought and speech are essential for true liberty and that government control poses a threat to these rights.
In this quote, Anthony Kennedy highlights the fundamental importance of the First Amendment freedoms—specifically, the right to think and express oneself. He argues that when the government attempts to regulate or control thought, it undermines the very essence of freedom. By protecting speech, society ensures the preservation of individual thought, which is crucial to maintaining a free and democratic society. This statement serves as a reminder of the delicate balance between order and liberty, and the need to safeguard these basic rights from governmental overreach.
Themes
FreedomSpeechThoughtGovernmentRights
In practice
Example use cases
In a seminar about civil liberties, this quote can be used to illustrate the importance of free speech.
More from Anthony Kennedy
All quotes →At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.
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The lessons of the First Amendment are as urgent in the modern world as the 18th Century when it was written. One timeless lesson is that if citizens are subjected to state-sponsored religious exercises, the State disavows its own duty to guard and respect that sphere of inviolable conscience and belief which is the mark of a free people.
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The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.
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Sometimes you don't know if you're Caesar about to cross the Rubicon or Captain Queeg cutting your own tow line.
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