Quotes of All Topics . Occasions . Authors
If speech always wins, even if it's an atomic secret that's going to be broadcast to our enemies, it's easy to make a decision. Speech always wins. But it doesn't... Liberty doesn't always trump equality or equality always trump liberty.
To give a man his life but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave.
When a legislature undertakes to proscribe the exercise of a citizen's constitutional right to free speech, it acts lawlessly; and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.
No matter what the legislature may say, a man has the right to make his speech, print his handbill, compose his newspaper, and deliver his sermon without asking anyone's permission. The contrary suggestion is abhorrent to our traditions.
It is Mormonism, Mohammedanism and heathenism and not Christianity which have proclaimed polygamy and debased woman from the sacred place of wife to the lower level of concubine. It is not Christianity which has sustained the social evil.
Ours is an accusatorial, and not an inquisitorial, system - a system in which the State must establish guilt by evidence independently and freely secured, and may not, by coercion, prove its charge against an accused out of his own mouth.
A child born to a Black mother in a state like Mississippi... has exactly the same rights as a white baby born to the wealthiest person in the United States. It's not true, but I challenge anyone to say it is not a goal worth working for.
The association promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in any prior decisions.
When man ventures into the wilderness, climbs the ridges, and sleeps in the forest, he comes in close communion with his Creator. When man pits himself against the mountain, he taps inner springs of his strength. He comes to know himself.
In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game.
It is our attitude toward free thought and free expression that will determine our fate. There must be no limit on the range of temperate discussion, no limits on thought. No subject must be taboo. No censor must preside at our assemblies.
Political controls in the sense that we think of bureaus or departments of government can never ope to produce collaboration between groups in the inner wheels of our industrial organization. It must come from inner compulsions and desires.
The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles.
This provision (the 4th Amendment) speaks for itself. Its plain object is to secure the perfect enjoyment of that great right of the common law, that a man's house shall be his own castle, privileged against all civil and military intrusion.
The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it's invalid on its face.
Violence has no constitutional sanction; and every government from the beginning has moved against it. But where grievances pile high and most of the elected spokesmen represent the Establishment, violence may be the only effective response.
It is difficult to understand precisely what the state hopes to achieve by promoting the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare and crime.
It is not wealth, it is not station, it is not social standing and ambition which can make us worthy of the Jewish name, of the Jewish heritage. To be worthy of them, we must live up to and with them. We must regard ourselves their custodians.
Newspapers, television networks, and magazines have sometimes been outrageously abusive, untruthful, arrogant, and hypocritical. But it hardly follows that elimination of a strong and independent press is the way to eliminate abusiveness . . .
That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.
I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.
The Court's majority holds that the Establishment Clause is no bar to Ohio's payment of tuition at private religious elementary and middle schools under a scheme that systematically provides tax money to support the schools' religious missions.
Resort to science has rendered modern war so destructive of life and property that it presents a new problem to mankind, such, that unless our civilization shall find some means of making an end to war, war will make an end to our civilization.
The power of citizenship as a shield against oppression was widely known from the example of Paul 's Roman citizenship, which sent the centurion scurrying to his higher-ups with the message: "Take heed what thou doest: for this man is a Roman".
The present assault upon capital is but the beginning. It will be but the stepping-stone to others, larger and more sweeping, till our political contests will become a war of the poor against the rich; a war growing in intensity and bitterness.
As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
The fact is that knowledge about the Constitution and the Court is not something that is handed down through the gene pool; every generation has to learn it. And I'm not sure the recent generations have done that good a job of learning about it.
Ellis Island lies in New York Harbor 1,300 feet from Jersey City, New Jersey, and one mile from the tip of Manhattan. At the time of the first European settlement, it was mostly mud, sand, and oyster shells, which nearly disappeared at high tide.
I had been born a Republican. My dad was an active Republican, but he was not active in politics and I really never was either. It's true that I did belong to that party, but it really had very little impact on my public work or my private views.
I finally gave up my little law practice and stayed home for about three years. You have to do what you can to keep the family going. But I wanted to get back to work. So I got another babysitter and went to work as an Assistant Attorney General.
Marriage is treated by all civilized societies as a peculiar and favored contract. It is in its origin a contract of natural law . . . . It is the parent, and not the child of society; the source of civility and a sort of seminary of the republic.
I find the great thing in this world is not so much where we stand, as in what direction we are moving: To reach the port of heaven, we must sail sometimes with the wind and sometimes against it, but we must sail, and not drift, nor lie at anchor.
One of the eternal conflicts out of which life is made up is that between the effort of every man to get the most he can for his services, and that of society, disguised under the name of capital, to get his services for the least possible return.
Occasionally we have to interpret an international treaty - one, perhaps, affecting airlines and liability for injury to passengers or damage to goods. Then, of course, we have to look to the precedents of other member nations in resolving issues.
The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.
There can be no stronger claim to a physician's assistance than at the time when death is imminent, a moral judgment implied by the state's own recognition of the legitimacy of medical procedures necessarily hastening the moment of impending death.
It was under a solemn consciousness of the dangers from ecclesiastical ambition, the bigotry of spiritual pride, and the intolerance of sects... that is was deemed advisable to exclude from the national government all power to act upon the subject.
The goose that lays golden eggs has been considered a most valuable possession. But even more profitable is the privilege of taking the golden eggs laid by somebody else's goose. The investment bankers and their associates now enjoy that privilege.
I think we may be seeing the beginnings of a resurgence of civic-mindedness in this country. Hopefully the younger generations, which came out in record numbers during the last presidential election, will pass their enthusiasm on to their children.
The concept of neutrality can lead to a brooding and pervasive devotion to the secular and a passive, or even active, hostility to the religious. Such results are not only not compelled by the Constitution, but, it seems to me, are prohibited by it.
[I]t is true that [the provisions of the Bill of Rights] were designed to meet ancient evils. But they are the same kind of human evils that have emerged from century to century whenever excessive power is sought by the few at the expense of the many.
America is not fighting to win a war. We are fighting to give an application to an old Greek proverb, which is that the purpose of war is not to annihilate an enemy but to get him to mend his ways. And we are confident we can get the enemy to mend his.
Neighbor is no longer confined to the vocabulary of the individual. It is a national word. Modern inventions have annihilated distance. Commercial relations have broken down barriers of race and religion, and the family of nations is a recognized fact.
The abortion cases produced an enormous amount of mail to my chambers, vastly more than to the other chambers, I am sure. I sometimes thought there wasn't a woman in the United States who didn't write me a letter on one side or the other of that issue.
The mind as well as the body must be not only strong but well disciplined in order to act with promptness and vigor in new and untried situations. It is hard to turn men's minds from the old and deeply worn channels in which they have long been flowing.
It would be a stultification of the responsibility which the course of constitutional history has cast upon this Court to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach.
While it is not always profitable to analogize "fact" to "fiction," La Fontaine's fable of the crow, the cheese, and the fox demonstrates that there is a substantial difference between holding a piece of cheese in the beak and putting it in the stomach.
The language of judicial decision is mainly the language of logic. And the logical method and form flatter that longing for certainty and for repose which is in every human mind. But certainty generally is illusion, and repose is not the destiny of man.
There is no friend like the old friend, who has shared our morning days, No greeting like his welcome, no homage like his praise: Fame is the scentless sunflower, with gaudy crown of gold; But friendship is the breathing rose, with sweets in every fold.
I retired when the Supreme Court rose for the summer recess in 2009, and a couple of weeks later I drove north from Washington with no regrets about the prior 19 years or about the decision to try living a more normal life for whatever time might remain.