I cannot see any of these death penalty cases where there hasn't been a violation on the ground of either poverty or race. If we can ever get that straightened out, it will help. But, of course, the real answer to it is to do away with the death penalty.

It is important that the strongest pressures against the continuation of segregation, North or South, be continually and constantly manifested. Probably, as much as anything else, this is the key in the elimination of discrimination in the United States.

The greatest factors making for communism, socialism or anarchy among a free people are the excesses of capital. The talk of the agitator does not advance socialism one step. The great captains of industry and finance... are the chief makers of socialism.

I'm a judge. It seemed to me that it was critical to try to take action to stem the criticism and help people understand that in the constitutional framework, it's terribly important not to have a system of retaliation against decisions people don't like.

When you hear a lot of stories about Africa, and you get to a place like Kenya and other countries like that, where they think the same way we do, I was happy to find that the Schedule of Rights that I drew for the Kenyan Government was working very well.

A nation may be born in a day, but the great truths which make for the glory and uplift of the race only through long ages permeate and control humanity. We must have the divine patience and understand the divine mathematics of a thousand years as one day.

In our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds - that which is their own and that which is false and dangerous.

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible against the wall. His function is to vindicate the rights of the people as expressed in the laws and give those accused of crime a fair trial.

For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule.

[G]overnment endorsement . . . of religion . . . sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.

That Amendment requires the state to be a neutral in its relations with groups of religious believers and nonbelievers; it does not require the state to be their adversary. State power is no more to be used so as to handicap religions than it is to favor them.

Sam Alito replacing Justice O'Connor was a very significant change. He is much more conservative. And, as for John Roberts, he is much more in the direction of protecting the rights of very rich people to donate money to campaigns than Bill Rehnquist ever was.

Whatever may be the merits of a religious system, its effects upon the mass of mankind must depend in an important degree upon its teachers. All instruction and all truth, except simple mathematical truth, is modified by the medium through which it is conveyed.

Religion of any form is a sacred matter. It involves the relation of the individual to some Being believed to be infinitely supreme. It involves not merely character and life here, but destiny hereafter, and as such is not to be spoken of lightly or flippantly.

Our laws and our institutions must necessarily be based upon and embody the teachings of the Redeemer of mankind. It is impossible that it should be otherwise, and in this sense and to this extent our civilization and our institutions are emphatically Christian.

... fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones.

But when men have realized that time has upset many fighting faiths, they may come to believe...that the best test of truth is the power of the thought to get itself accepted in the competition of the market... That at any rate is the theory of our constitution.

May the state fence in the harmless mentally ill solely to save its citizens from exposure to those whose ways are different? One might as well ask if the state, to avoid public unease, could incarcerate all who are physically unattractive or socially eccentric.

Summits [World Summit on the Information Society] are meant to help governments reach a global consensus on major issues which has proved elusive in established fora. They do so through the embarrassment associated with failing to sign a summit's final agreement.

The calculated killing of a human being by the state involves, by its very nature, an absolute denial of the executed person's humanity. The most vile murder does not, in my view, release the state from constitutional restraint on the destruction of human dignity.

Be brief, be pointed, let your matter standLucid in order, solid and at hand;Spend not your words on trifles but condense;Strike with the mass of thought, not drops of sense;Press to close with vigor, once begun,And leave, (how hard the task!) leave off, when done.

There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of "romantic paternalism" which, in practical effect, put women, not on a pedestal, but in a cage.

World federation is an ideal that will not die. More and more people are coming to realize that peace must be more than an interlude if we are to survive; that peace is a produce of law and order; that law is essential if the force of arms is not to rule the world.

The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.

The censor is always quick to justify his function in terms that are protective of society. But the First Amendment, written in terms that are absolute, deprives the States of any power to pass on the value, the propriety, or the morality of a particular expression.

Oratory is the masterful art. Poetry, painting, music, sculpture, architecture please, thrill, inspire - but oratory rules. The orator dominates those who hear him, convinces their reason, controls their judgment, compels their action. For the time being, he is master.

The average member of the public thinks of 'business' as an impersonal corporate entity owned by the very rich and managed by overpaid executives. There is an almost total failure to appreciate that 'business' actually embraces - in one way or another - most Americans.

Those in power are blind devotees to private enterprise. They accept that degree of socialism implicit in the vast subsidies to the military-industrial-complex, but not that type of socialism which maintains public projects for the disemployed and the unemployed alike.

Thus if the First Amendment means anything in this field, it must allow protests even against the moral code that the standard of the day sets for the community. In other words, literature should not be suppressed merely because it offends the moral code of the censor.

In truth, I am nothing but a plodding mediocrity — please observe, a plodding mediocrity — for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry.

If certain acts in violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.

Our statute books gradually became laden with gross, stereotyped distinctions between the sexes and, indeed, throughout much of the 19th century the position of women in our society was, in many respects, comparable to that of blacks under the pre-Civil War slave codes.

Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people, in order to betray them.

At bottom, the battle has been waged on moral grounds. The country has debated whether a society for which the dignity of the individual is the supreme value can, without a fundamental inconsistency, follow the practice of deliberately putting one of its members to death.

I suspect that over time we will rely increasingly, or take notice at least increasingly, on international and foreign courts in examining domestic issues. [Doing so] may not only enrich our own country's decisions, I think it may create that all important good impression.

When I went to law school, which after all was back in the dark ages, we never looked beyond our borders for precedents. As a state court judge, it never would have occurred to me to do so, and when I got to the Supreme Court, it was very much the same. We just didn't do it.

The phonograph and kinetoscope may some day seize and perpetuate all save the magnetic touch, but that weird, illusive, indefinable yet wonderfully real power by which the orator subdues may never be caught by science or preserved for the cruel dissecting knife of the critic.

Christianity is entitled to the tribute of respect. I do not of course mean that all individuals, nominally Christian, deserve trust, confidence, or even respect, for the contrary is too often the case. Too often, men hold religion as they do property - in their wives' names.

The mandated description of fetal characteristics at two-week intervals, no matter how objective, is plainly overinclusive. [It is] not medical information that is always relevant to the woman's decision, and it may serve to confuse and punish her and to heighten her anxiety.

The First Amendment provides the only kind of security system that can preserve a free government - one that leaves the way wide open for people to favor, discuss, advocate, or incite causes and doctrines however obnoxious and antagonistic such views may be to the rest of us.

The purpose of the University of Washington cannot be to produce black lawyers for blacks, Polish lawyers for Poles, Jewish lawyers for Jews, Irish lawyers for Irish. It should be to produce good lawyers for Americans, and not to place First Amendment barriers against anyone.

In any civilized society the most important task is achieving a proper balance between freedom and order. In wartime, reason and history both suggest that this balance shifts in favor... of the government's ability to deal with conditions that threaten the national well-being.

The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security.

During my years as a practicing lawyer, it just was part of your study of what Congress was trying to say in their statutes. I never really considered judges or scholars as either those who used legislative history or those who were opposed to it until after I got on the court.

Men, to act with vigour and effect, must have time to mature measures, and judgment and experience, as to the best method of applying them. They must not be hurried on to their conclusions by the passions, or the fears of the multitude. They must deliberate, as well as resolve.

Authoritative interpretations of the First Amendment guarantees have consistently refused to recognize an exception for any test of truth whether administered by judges, juries, or administrative officials and especially one that puts the burden of proving truth on the speaker.

What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.

The Arctic has a call that is compelling. The distant mountains [of the Brooks Range in Alaska] make one want to go on and on over the next ridge and over the one beyond. The call is that of a wilderness known only to a few...This last American wilderness must remain sacrosanct.

There are many causes why a people politically ignorant cannot be roused to action. Perfect political ignorance must be accompanied by indifference to the general interests of society, and thus one of the most powerful motives which can act on the human mind is totally destroyed.

It is a mistake to suppose that the Supreme Court is either honoured or helped by being spoken of as beyond criticism. On the contrary, the life and character of its justices should be the objects of constant watchfulness by all, and its judgments subject to the freest criticism.

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