When the Supreme Court overruled Lochner and its progeny, it did not – for long, at least – discontinue using the Due Process clause and other constitutional provisions to protect un-enumerated constitutional rights. Within a few years it began to work out the contours of a new conception of personal freedom, one with very different social and political ramifications than the older, classical liberal ideal exemplified by Lochner. Central to the more recent idea of liberty is the notion of expressive self-individuation. When expressed in constitutional terms, this ideal has three dimensions: First, there must be an individual realm which is, as much as possible, free from governmental and social influences – a realm of privacy in which the individual can “become himself” and live the kind of life he or she wishes. Second, the individual must be free to express his ideas, opinions, thoughts and – in the deepest sense – himself in the non-private sphere.