active liberty, n.All

Active liberty is not about allowing the majority to run roughshod over minorities. It calls for taking special care that all groups have a chance to fully participate in society and the political process.

Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.