Cite as: 530 U. S. 703 (2000)
Kennedy, J., dissenting
election campaigns. Invalidating the law, we observed as follows: " 'Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind.' " Id., at 341 (quoting Talley v. California, 362 U. S. 60, 64 (1960)). We rejected the State's claim that the restriction was needed to prevent fraud and libel in its election processes. Ohio had other laws in place to achieve these objectives. 514 U. S., at 350. The case, we concluded, rested upon fundamental free speech principles:
"Indeed, the speech in which Mrs. McIntyre engaged— handing out leaflets in the advocacy of a politically controversial viewpoint—is the essence of First Amendment expression. That this advocacy occurred in the heat of a controversial referendum vote only strengthens the protection afforded to Mrs. McIntyre's expression: Urgent, important, and effective speech can be no less protected than impotent speech, lest the right to speak be relegated to those instances when it is least needed. No form of speech is entitled to greater constitutional protection than Mrs. McIntyre's." Id., at 347 (citations omitted).
Petitioners commenced the present suit to challenge a statute preventing them from expressing their views on abortion through the same peaceful and vital methods approved in Lovell, Schneider, Thornhill, Carlson, and McIntyre. Laws punishing speech which protests the lawfulness or morality of the government's own policy are the essence of the tyrannical power the First Amendment guards against. We must remember that, by decree of this Court in discharging our duty to interpret the Constitution, any plea to the government to outlaw some abortions will be to no effect. See Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992). Absent the ability to ask the government to intervene, citizens who oppose abortion must seek to convince their fellow citizens of the moral imperative
787
Page: Index Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 NextLast modified: October 4, 2007