Parties: Wallace v. Jaffree
Date: 1985-06-04
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Paragraph: 15 - "We begin with the proposition that the right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all. See Board of Education v. Barnette, 319 U.S. 624, 633-634 [63 S.Ct. 1178, 1182-1183, 87 L.Ed. 1628] (1943); id., at 645 [63 S.Ct., at 1188] (Murphy, J., concurring). A system which secures the right to proselytize religious, political, and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.'
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Phrase match: of freedom of thought protected by
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Paragraph: 15 - Cantwell, of course, is but one case in which the Court has identified the individual's freedom of conscience as the central liberty that unifies the various Clauses in the First Amendment. Enlarging on this theme, THE CHIEF JUSTICE recently wrote: N176* "We begin with the proposition that the right of freedom of thought protected by the First Amendment against state action includes both the right to speak freely and the right to refrain from speaking at all. See Board of Education v. Barnette, 319 U.S. 624, 633-634 [63 S.Ct. 1178, 1182-1183, 87 L.Ed. 1628] (1943); id., at 645 [63 S.Ct., at 1188] (Murphy, J., concurring). A system which secures the right to proselytize religious, political, and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.'
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Phrase match: the right to speak freely and
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Paragraph: 18 - Just as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom of mind, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority.
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Preferred Terms:
Phrase match: the right to speak and the
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