The Constitution is not neutral. It was designed to take the government off the backs of people.
The function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it invites a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging.
It may strike at prejudices and preconceptions and have profound unsettling effects
as it passes for acceptance of an idea.
These unwritten amenities have been in part responsible for giving our people the feeling of independence and self-confidence, the feeling of creativity. These amenities have dignified the right of dissent and have honored the right to be nonconformists and the right to defy submissiveness. They have encouraged lives of high spirits rather than hushed, suffocating silence.
The First Amendment makes confidence in the common sense of our people and in the maturity of their judgment the great postulate of our democracy.
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