It was more than 70 years ago that Justice Robert Jackson famously declared, in his U.S. Supreme Court majority opinion resolving West Virginia State Board of Education v. Barnette, that free speech and other core constitutional rights of the individual must generally be placed “beyond the reach of majorities and officials.” Justice Jackson elaborated: “One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to [...]
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