Dictum of the day, or on cute little hats

[P]okušavam da zamislim kako bi bilo koji sud reagovao kada bi npr. pristojna dama, možda upravo u svojstvu svjedoka, ušla u sudnicu sa simpatičnim šeširićem na glavi.

Odluka o dopustivosti i meritumu USBiH, AP-3947/12, 9. juli 2015., Izdvojeno mišljenje o neslaganju sudije Mirsada Ćemana

 

Dictum of the day, or on the essence of democracy

The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around. Freedom resides first in the people without need of a grant from government.

Hollingsworth v. Perry, 570 U.S. ___ (2013), Kennedy, J., dissenting

Dictum of the day, or on Europe of Dreams

The problem of applying Article 10 of the Convention to exposing of political symbols deserves in my opinion our attention and profound reflection. Exposing extremists’ symbols does not seem to be a goal to which I would be ready to subscribe at any cost and rate. The Europe I believe in is by no means a Europe of extremists’ symbols. I am opposed to Europe of swastikas, Europe of concentration camps and gulags, Europe of hatred marked by banners.

Fáber v. Hungary (application no. 40721/08), Chamber Judgment, 24 July 2012, Concurring Opinion of Judge Popović joined by Judge Berro-Lefevre.

Dictum of the day, on on the limits of speech

Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.

Snyder v. Phelps, 562 U.S.__(2011)

Dictum of the day, or on the heart of liberty

At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.

Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)