Legal opinion

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They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.

Louis Brandeis

Olmstead v. United States

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Brandeis, Louis. Dissenting Opinion. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 471-485. Justia, supreme.justia.com/cases/federal/us/277/438/.

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The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.

Salmon P. Chase

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Texas v. White

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Chase, Salmon P. United States, Supreme Court. Texas v. White. United States Reports, vol. 74, 12 Apr. 1869, pp. 700-743. Justia, supreme.justia.com/cases/federal/us/74/700/.

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And, precisely because it is our flag that is involved, one's response to the flag-burner may exploit the uniquely persuasive power of the flag itself. We can imagine no more appropriate response to burning a flag than waving one's own, no better way to counter a flag burner's message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by—as one witness here did—according its remains a respectful burial. We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.

William J. Brennan, Jr.

Texas v. Johnson

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Brennan, William J, Jr. United States, Supreme Court. Texas v. Johnson. United States Reports, vol. 491, 21 June 1989, pp. 397-439. Justia, supreme.justia.com/cases/federal/us/491/397/.

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Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The Constitution of the family organization, which is founded in the divine ordinance, as well as the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood... The paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. This is the law of the Creator.

Joseph P. Bradley

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Bradwell v. State of Illinois

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Bradley, Joseph P. United States, Supreme Court. Bradwell v. State of Illinois. United States Reports, vol. 83 (16 Wall.), 15 Apr. 1873, pp. 130-142, https://supreme.justia.com/cases/federal/us/83/130/.

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It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.

Robert H. Jackson

American Communications Assn. v. Douds

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Jackson, Robert H. United States, Supreme Court. American Communications Assn. v. Douds. United States Reports, vol. 339, 8 May 1950, pp. 382-453. Justia, supreme.justia.com/cases/federal/us/339/382/.

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It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

Louis Brandeis

New State Ice Co. v. Liebmann

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Brandeis, Louis. Dissenting Opinion. New State Ice Co. v. Liebmann. United States Reports, vol. 285, 21 Mar. 1932, pp. 280-311. Justia, supreme.justia.com/cases/federal/us/285/262/.

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The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law.

William Murray, Lord Mansfield

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Somerset v. Stewart

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Murray, William. King's Bench. Somerset v Stewart. 98 ER 499. 22 June 1772.

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The government ought not to use evidence obtained and only obtainable, by a criminal act...for my part I think it a less evil that some criminals could escape than that, the Government should play an ignoble part.

Oliver Wendell Holmes, Jr.

Olmstead v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 438-485. Justia, supreme.justia.com/cases/federal/us/277/438/.

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Fear of serious injury alone cannot justify suppression of free speech and assembly. Men feared witches and burned women. It is the function of speech to free men from the bondage of irrational fears.

Louis Brandeis

Whitney v. California

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Brandeis, Louis. United States, Supreme Court. Whitney v. California. United States Reports, vol. 274, 16 May 1927, pp. 357-379. Justia, supreme.justia.com/cases/federal/us/274/357/.

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But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas—that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment.

Oliver Wendell Holmes, Jr.

Abrams v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Abrams v. United States. United States Report, vol. 250, 10 Nov. 1919, pp. 616-631. Justia, supreme.justia.com/cases/federal/us/250/616/.

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It was framed upon the theory that the peoples of the several states must sink or swim together, and that, in the long run, prosperity and salvation are in union, and not division.

Benjamin Cardozo

Baldwin v. G. A. F. Seelig

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On the U.S. Constitution.

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Cardozo, Benjamin Nathan. United States, Supreme Court. Baldwin v. G. A. F. Seelig. United States Reports, vol. 294, 4 Mar 1935, pp. 511-528. Justia, supreme.justia.com/cases/federal/us/294/511/.

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The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.

Louis Brandeis

Burnet v. Coronado Oil and Gas Co.

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Brandeis, Louis. Dissenting Opinion. Burnet v. Coronado Oil and Gas Co. United States Reports, vol. 285, 11 Apr. 1932, pp. 393-413. Justia, supreme.justia.com/cases/federal/us/285/393/.

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The chilling effect upon the exercise of First Amendment rights may derive from the fact of the prosecution, unaffected by the prospects of its success or failure.

William J. Brennan, Jr.

Dombrowski v. Pfister

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Brennan, William J, Jr. United States, Supreme Court. Dombrowski v. Pfister. United States Reports, vol. 380, 26 Apr. 1965, pp. 479-502. supreme.justia.com/cases/federal/us/380/479/.

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When urgent considerations of the public safety require compromise with the normal principles constraining law enforcement, the normal principles may have to bend. The Constitution is not a suicide pact.

Richard Posner

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Edmond v. Goldsmith

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U.S. 7th Circuit Court of Appeals. Edmond v. Goldsmith. 98-4124. 7 July 1999. https://caselaw.findlaw.com/us-7th-circuit/1176380.html.

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If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.

Robert H. Jackson

West Virginia State Board of Education v. Barnette

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Jackson, Robert H. United States, Supreme Court. West Virginia State Board of Education v. Barnette. United States Reports, vol. 319, 14 June 1943, pp. 624-671. Justia, supreme.justia.com/cases/federal/us/319/624/.

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That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her... As healthy mothers are essential to vigorous offspring, the physical wellbeing of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race.

David J. Brewer

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Muller v. Oregon

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Brewer, David J. United States, Supreme Court. Muller v. Oregon. United States Reports, vol. 208, 24 Feb. 1908, pp. 412-423. Justia, supreme.justia.com/cases/federal/us/208/412/.

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If we would guide by the light of reason, we must let our minds be bold.

Louis Brandeis

Jay Burns Baking Co. vs. Bryan

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Brandeis, Louis. Dissenting Opinion. Jay Burns Baking Co. v. Bryan. United States Reports, vol. 264, 14 Apr. 1924, pp. 517-534. Justia, supreme.justia.com/cases/federal/us/264/504/.

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General propositions do not decide concrete cases. The decision will depend on a judgement or intuition more subtle than any articulate major premise.

Oliver Wendell Holmes, Jr.

Lochner v. New York

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Lochner v. New York. United States Reports, vol. 198, 17 Apr. 1905, pp. 74-76. Justia, https://supreme.justia.com/cases/federal/us/198/45/.

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It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people.

Felix Frankfurter

United States v. Rabinowitz

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Frankfurter, Felix. Dissenting Opinion. United States v. Rabinowitz. United States Reports, vol. 339, 20 Feb. 1950, pp. 68-86. Justia, supreme.justia.com/cases/federal/us/339/56/.

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The Cherokee nation...is a distinct community, occupying its own territory...which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves, or in conformity with treaties and with the acts of Congress.

John Marshall

Worcester v. Georgia

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Marshall, John. United States, Supreme Court. Worcester v. Georgia. United States Reports, vol. 31, 3 Mar. 1832, pp. 515-597. Justia, supreme.justia.com/cases/federal/us/31/515/.

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