Thomas I. Emerson Famous Quotes
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It is frequently said that speech that is intentionally provocative and therefore invites physical retaliation can be punished or suppressed. Yet, plainly no such general proposition can be sustained. Quite the contrary ... The provocative nature of the communication does not make it any the less expression. Indeed, the whole theory of free expression contemplates that expression will in many circumstances be provocative and arouse hostility. The audience, just as the speaker, has an obligation to maintain physical restraint.
The Right of all members of society to form their own beliefs and communicate them freely to others must be regarded as an essential principle of a democratically organized society.
The function of the censor is to censor. He has a professional interest in finding things to suppress.
Every man - in the development of his own personality - has the right to form his own beliefs and opinions. Hence, suppression of belief, opinion and expression is an affront to the dignity of man, a negation of man's essential nature.
[Toward a General Theory of the First Amendment (1963)]
Suppression of expression conceals the real problems confronting a society and diverts public attention from the critical issues. It is likely to result in neglect of the grievances which are the actual basis of the unrest, and thus prevent their correction.
Once one accepts the premise of the Declaration of Independence - that governments derive "their just powers from the consent of the governed" - it follows that the governed must, in order to exercise their right of consent, have full freedom of expression.
