Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to sexual impurity or has a tendency to excite lustful thoughts. This is community censorship in one of its worst forms.
More Quotes from William Douglas:
The privacy and dignity of our citizens are being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen -- a sWilliam Douglas
Government should be concerned with anti-social conduct, not with utterances.
William Douglas
The Free Exercise Clause protects the individual from any coercive measure that encourages him toward one faith or creed, discourages him from another, or makes it prudent or desirable for him to select one and embrace it.
William Douglas
There have always been grievances and youth has always been the agitator.
William Douglas
One aspect of modern life which has gone far to stifle men is the rapid growth of tremendous corporations. Enormous spiritual sacrifices are made in the transformation of shopkeepers into employees. . . . The disappearance of free enterprise has led to a submergence of the individual in the impersonal corporation in much the same manner as he has been submerged in the state in other lands.
William Douglas
The truth is that a vast restructuring of our society is needed if remedies are to become available to the average person. Without that restructuring the good will that holds society together will be slowly dissipated. . . . It is that sense of futility which permeates the present series of protests and dissents. Where there is a persistent sense of futility, there is violence and that is where we are today.
William Douglas
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