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.
The Constitution is not neutral. It was designed to take the government off the backs of people.
The liberties of none are safe unless the liberties of all are protected.
The framers of the constitution knew human nature as well as we do. They too had lived in dangerous days; they too knew the suffocating influence of orthodoxy and standardized thought. They weighed the compulsions for restrained speech and thought against the abuses of liberty. They chose liberty.
A function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it invites a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it passes for acceptance of an idea.
The right to revolt has sources deep in our history.
It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest.
A people who extend civil liberties only to preferred groups start down the path either to dictatorship of the right or the left.
Among the liberties of citizens that are guaranteed are ... the right to believe what one chooses, the right to differ from his neighbor, the right to pick and choose the political philosophy he likes best, the right to associate with whomever he chooses, the right to join groups he prefers.
Ideas are indeed the most dangerous weapons in the world. Our ideas of freedom are the most powerful political weapons man has ever forged.
But our society - unlike most in the world - presupposes that freedom and liberty are in a frame of reference that makes the individual, not government, the keeper of his tastes, beliefs, and ideas. That is the philosophy of the First Amendment; and it is this article of faith that sets us apart from most nations in the world.
The right to dissent is the only thing that makes life tolerable for a judge of an appellate court... the affairs of government could not be conducted by democratic standards without it.
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.
Realization of this need means adults must awaken to the urgency of the young people's unrest-in other words there must be created an adult unrest against the inequities and injustices in the present system. If the government is in jeopardy, it is not because we are unable to cope with revolutionary situations. Jeopardy means that either the leaders or the people do not realize they have all the tools required to make the revolution come true. The tools and the opportunity exist. Only the moral imagination is missing.
The right to work, I had assumed, was the most precious liberty that man possesses. Man has indeed as much right to work as he has to live, to be free, to own property.
The right to be let alone is indeed the beginning of all freedom.
What we must remember, however, is that preservation of liberties does not depend on motives. A suppression of liberty has the same effect whether the suppressor be a reformer or an outlaw. The only protection against misguided zeal is constant alertness to infractions of the guarantees of liberty contained in our Constitution. Each surrender of liberty to the demands of the moment makes easier another, larger surrender. . .
The challenge to our liberties comes frequently not from those who consciously seek to destroy our system of government, but from men of goodwill - good men who allow their proper concerns to blind them to the fact that what they propose to accomplish involves an impairment of liberty.
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