“is speech a subject's very constitution and assembly, which then makes experience possible.”
“We need instead to ask, what possibilities of mobilization are produced on the basis of existing configurations of discourse and power? What are the possibilities of reworking that very matrix of power by which we are constituted, of reconstituting the legacy of that constitution, and of working against each other process of regulation that can destabilize existing power regimes? For if the subject is constituted by power, that power does not cease at the moment the subject is constituted, for that subject is never fully constituted, but is subjected and produced time and again. That subject is neither a ground nor a product, but the permanent possibility of a certain resignifying process, one which gets detoured and stalled through other mechanisms of power, but which is power's own possibility of being reworked. It is not enough to say that the subject is invariably engaged in a political field; that phenomenological phrasing misses the point that the subject is an accomplishment regulated and produced in advance. And is as such fully political; indeed, perhaps most political as the point in which it is claimed to be prior to politics itself. To perform this kind of Foucaultian critique of the subject is not to do away with the subject or to pronounce it's death, but merely to claim that certain versions of the subject are politically insidious.”
“And theories are no more than fictions which help us to make sense of experience and which are subject to disconfirmation when their explanations are no longer adequate.”
“We must relentlessly and unyieldingly protect freedom of speech and peaceful assembly.”
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. 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 vote they depend on the outcome of no elections.”
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”