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As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one.

Mike Godwin

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Godwin, Mike. "Meme, Counter-Meme." Wired, 1 Oct. 1994.

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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.

William J. Brennan, Jr.

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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No society, certainly not a large and heterogenous one, can fail in time to explode if it is deprived of the arts of compromise, if it knows no ways of muddling through. No good society can be unprincipled; and no viable society can be principle-ridden.

Alexander M. Bickel

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The Least Dangerous Branch

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Bickel, Alexander M. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. The Bobbs-Merrill Co., 1962, ch. 2.

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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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Gertz v. Robert Welch, Inc.

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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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In my judgment, this new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.

Alberto Gonzales

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On the war on terrorism.

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Gonzales, Alberto R. Memorandum to George W. Bush. 25 Jan. 2002.

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The advancement of the arts from year to year taxes our credulity, and seems to presage the arrival of that period when human improvement must end.

Henry L. Ellsworth

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Ellsworth, Henry L. "Annual Report of the Commissioner of Patents for the Year." U.S. Patent and Trademark Office, 1843.

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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.

Oliver Wendell Holmes, Jr.

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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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Current Citation

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.

Oliver Wendell Holmes, Jr.

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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To establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.

Nicholas Conyngham Tindal

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M'Naghten's Case

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Tindal, Nicholas Conyngham. Delivering an exposition of the rules. M'Naghten's Case. c. 1843, Palace of Westminster, London, England, UK.

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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.

Oliver Wendell Holmes, Jr.

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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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

Commentaries on the Laws of England

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

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Marshall, John. United States, Supreme Court. McCulloch v. Maryland. United States Reports, vol. 17, 5 Mar. 1819, pp. 316-437. Justia, supreme.justia.com/cases/federal/us/17/316/.

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The life of the law has not been logic: it has been experience.

Oliver Wendell Holmes, Jr.

The Common Law

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Original Citation

Holmes, Oliver Wendell, Jr. "Lecture 1: Early Forms of Liability." Lowell Lectures. 23 Nov. 1880, Lowell Institute, Lowell, MA, USA.

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Holmes, Oliver Wendell, Jr. The Common Law. Belknap Press, 2009, lecture 1.

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The power to tax involves the power to destroy.

John Marshall

McCulloch v. Maryland

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Marshall, John. United States, Supreme Court. McCulloch v. Maryland. United States Reports, vol. 17, 5 Mar. 1819, pp. 316-437. Justia, supreme.justia.com/cases/federal/us/17/316/.

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Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.

John Marshall Harlan

Plessy v. Ferguson

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Harlan, John Marshall. Dissenting Opinion. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 552-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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