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Douglas, William O. United States, Supreme Court. Griswold v. Connecticut. United States Reports, vol. 381, 7 June 1965, pp. 479–531. Justia, supreme.justia.com/cases/federal/us/381/479/.

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The house of everyone is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose

Edward Coke

Semayne's Case

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Coke, Edward. Court of King's Bench. Peter Semayne v Richard Gresham. 5 Co Rep 91 a. Michaelmas Term, 1604.

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The truth is, that the law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not yet been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.

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Holmes, Oliver Wendell, Jr. "Early Forms of Liability." 23 Nov. 1880, The Lowell Institute, Boston, MA, USA.

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Holmes, Oliver Wendell, Jr. "Early Forms of Liability." The Common Law. Belknap Press, 2009.

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Whether, to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest.

Establishing the American legal standard for obscenity, which does not receive First Amendment protection.

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Brennan, William J, Jr. United States, Supreme Court. Roth v. United States. United States Reports, vol. 354, 24 June 1957, pp. 476-514. supreme.justia.com/cases/federal/us/354/476/.

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All ideas having even the slightest redeeming social importance—unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion—have the full protection of the guaranties... But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance... We hold that obscenity is not within the area of constitutionally protected speech or press.

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Brennan, William J, Jr. United States, Supreme Court. Roth v. United States. United States Reports, vol. 354, 24 June 1957, pp. 476-514. supreme.justia.com/cases/federal/us/354/476/.

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There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.

Robert H. Jackson

Brown v. Allen

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Jackson, Robert H. United States, Supreme Court. Brown v. Allen. United States Reports, vol. 344, 9 Feb. 1953, pp. 443. Justia, https://supreme.justia.com/cases/federal/us/344/443/.

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We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into the history of the time of framing and to the intervening history of interpretation. But, the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs.

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Brennan, William J, Jr. "The Constitution of the United States: Contemporary Ratification." Text and Teaching Symposium. 12 Oct. 1985, Georgetown University, Washington, DC, USA. Speech.

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The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime, and the punishment of his guilt.

John Philpot Curran

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Curran, John Philpot. Speech on the right of election of the Lord Mayor of Dublin. 10 July 1790, Dublin, Ireland.

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If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.

Gertz v. Robert Welch, Inc.

Eisentadt v. Baird

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Brennan, William J, Jr. United States, Supreme Court. Eisentadt v. Baird. United States Reports, vol. 405, 22 Mar. 1972, pp. 438-472. supreme.justia.com/cases/federal/us/405/438/.

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Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas.

Lewis F. Powell, Jr.

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Powell, Lewis F., Jr. United States, Supreme Court. Gertz v. Robert Welch, Inc. United States Reports, vol. 418, 25 June 1974, pp. 323-404. https://supreme.justia.com/cases/federal/us/418/323/.

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Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void.

John Marshall

Marbury v. Madison

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Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.

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The day that this country ceases to be free for irreligion, it will cease to be free for religion—except for the sect that can win political power.

Robert H. Jackson

Zorach v. Clauson

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Jackson, Robert H. Dissenting Opinion. Zorach v. Clauson. United States Reports, vol. 343, 28 Apr. 1952, pp. 323-325. Justia, supreme.justia.com/cases/federal/us/343/306/.

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It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.

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Holmes, Oliver Wendell, Jr. "The Path of the Law." Address to the Supreme Judicial Court of Massachusetts at the dedication of the new hall of the Boston University School of Law. 8 Jan. 1897, Boston University School of Law, Boston, MA, USA.

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Holmes, Oliver Wendell, Jr. "The Path of the Law." The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr, edited by Richard A. Posner. University of Chicago Press, 1997.

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The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance… Various guarantees create zones of privacy.

William O. Douglas

Grisworld v. Connecticut

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Douglas, William O. United States, Supreme Court. Griswold v. Connecticut. United States Reports, vol. 381, 7 June 1965, pp. 479–531. Justia, supreme.justia.com/cases/federal/us/381/479/.

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A word is not a crystal, transparent and unchanged, it is the skin of a living thought, and may vary greatly in color and content according to the circumstances and the time in which it is used.

Towne v. Eisner

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Towne v. Eisner. United States Reports, vol. 245, 7 Jan. 1918, pp. 418-427. Justia, supreme.justia.com/cases/federal/us/245/418/.

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This much I think I do know—that a society so riven that the spirit of moderation is gone, no court can save; that a society where the spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish.

Learned Hand

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Hand, Learned. "The Contribution of an Independent Judiciary to Civilization." 250th Anniversary of the Founding of the Supreme Judicial Court of Massachusetts. 21 Nov. 1942, Boston, MA, USA.

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It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account.

Adkins v. Children's Hospital

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Adkins v. Children's Hospital. United States Reports, vol. 261, 9 Apr. 1923, pp. 567-571. Justia, supreme.justia.com/cases/federal/us/250/616/.

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The conception of political equality from the Declaration of Independence, to Lincoln's Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing—one person, one vote.

William O. Douglas

Gray v. Sanders

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Commentaries on the Laws of England

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Douglas, William O. United States, Supreme Court. Gray v. Sanders. United States Reports, vol. 372, 17 June 1963, pp. 368-372. Justia, supreme.justia.com/cases/federal/us/372/368/.

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Man was formed for society.

William Blackstone

Buy Commentaries on the Laws of England at Amazon Buy Commentaries on the Laws of England at Amazon

Read Commentaries on the Laws of England, Book I at Project Gutenberg

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Original Citation

Blackstone, William. Commentaries on the Laws of England: Book the First. Oxford: Clarendon Press, 1765, introduction, sec. 2.

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Blackstone, William. Commentaries on the Laws of England: Book I Of the Rights of Persons, edited by David Lemmings. Oxford University Press, 2016, introduction, sec. 2.

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We must never forget that it is a Constitution we are expounding.

John Marshall

McCulloch v. Maryland