Cite as: 530 U. S. 703 (2000)
Kennedy, J., dissenting
liberties. The phrase is not an empty one and was not lightly used. It reflects the belief of the framers of the Constitution that exercise of the rights lies at the foundation of free government by free men. It stresses, as do many opinions of this court, the importance of preventing the restriction of enjoyment of these liberties.
"In every case, therefore, where legislative abridgment of the rights is asserted, the courts should be astute to examine the effect of the challenged legislation. Mere legislative preferences or beliefs respecting matters of public convenience may well support regulation directed at other personal activities, but be insufficient to justify such as diminishes the exercise of rights so vital to the maintenance of democratic institutions. And so, as cases arise, the delicate and difficult task falls upon the courts to weigh the circumstances and to appraise the substantiality of the reasons advanced in support of the regulation of the free enjoyment of the rights." Id., at 160-161 (footnote omitted).
After Lovell and Schneider the Court gave continued, explicit definition to our custom and practice of free and open discourse by picketing and leafletting. In Thornhill v. Alabama, 310 U. S. 88 (1940), the Court considered a First Amendment challenge to a statute prohibiting " '[l]oitering or picketing' " near " 'the premises or place of business of any . . . firm, corporation, or association of people, engaged in a lawful business.' " Id., at 91. Petitioner was arrested, charged, and convicted of violating the statute by engaging in peaceful picketing in front of a manufacturing plant. Id., at 94-95. The Court invalidated the Alabama statute. The breadth of Alabama's speech restriction was one reason for ruling it invalid on its face, just as it should be for the statute we consider today:
"[Alabama Code § ] 3448 has been applied by the state courts so as to prohibit a single individual from walking
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