Supreme Court opinion

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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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Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.

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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The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

Oliver Wendell Holmes, Jr.

Schenck v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Schenck v. United States. United States Reports, vol. 249, 3 Mar. 1919, pp. 47-53. Justia, supreme.justia.com/cases/federal/us/249/47/.

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Our Nation has had a long and unfortunate history of sex discrimination...rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage.

William J. Brennan, Jr

Frontiero v. Richardson

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Brennan, William J., Jr. United States, Supreme Court. Frontiero v. Richardson. United States Reports, vol. 411, 14 May 1973, pp. 677-692. Justia, supreme.justia.com/cases/federal/us/411/677/.

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Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

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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Immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states.

Benjamin Cardozo

Palko v. Connecticut

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Cardozo, Benjamin Nathan. United States, Supreme Court. Palko v. Connecticut. United States Reports, vol. 302, 6 Dec. 1937, pp. 319-329. Justia, supreme.justia.com/cases/federal/us/302/319/.

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The measure of a country's greatness is its ability to retain compassion in times of crisis.

Thurgood Marshall

Furman v. Georgia

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Marshall, Thurgood. United States, Supreme Court. Furman v. Georgia. United States Reports, vol. 408, 29 June 1972, pp. 238-250. Justia, supreme.justia.com/cases/federal/us/408/238/.

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Debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.

William J. Brennan, Jr

New York Times Company v. Sullivan

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Brennan, William J., Jr. United States, Supreme Court. New York Times Company v. Sullivan. United States Reports, vol. 376, 9 Mar. 1964, pp. 254-305. Justia, supreme.justia.com/cases/federal/us/376/254/.

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Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

John Paul Stevens

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Bush v. Gore

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Stevens, John. Dissenting Opinion. Bush, et al. v. Gore, et al. United States Reports, vol. 531, 12 Dec. 2000, pp. 123-129. Justia, supreme.justia.com/cases/federal/us/531/98/.

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Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.

Antonin Scalia

Morrison v. Olsen

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Scalia, Antonin. Dissenting opinion. Morrison v. Olson. United States Reports, vol. 487, 29 June 1988, pp. 654-734. Justia, supreme.justia.com/cases/federal/us/487/654/.

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