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The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

William J. Brennan, Jr.

New York Times Co. v. Sullivan

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

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We are under a Constitution, but the Constitution is what the judges say it is.

Charles Evans Hughes

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Hughes, Charles Evans. Speech before the Chamber of Commerce. 3 May 1907, Elmira, NY, USA.

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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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We hold that obscenity is not within the area of constitutionally protected speech or press.

William J. Brennan, Jr

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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. Justia, supreme.justia.com/cases/federal/us/354/476/.

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Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it.

Learned Hand

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Hand, Learned. "The Spirit of Liberty." I Am An American Day. 21 May 1944, Central Park, New York City, NY, USA.

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The history of man has just begun: in the aeons which lie before him lie limitless hope or limitless despair. The choice is his; the present choice is ours. It is worth the trial.

Learned Hand

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Hand, Learned. "A Pledge of Allegiance." I Am An American Day. 20 May 1945, Central Park, New York City, NY, USA.

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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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That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.

Robert H. Jackson

Opening statement for the prosecution at Nuremberg.

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Jackson, Robert H. "Opening Statement before the International Military Tribunal." 21 Nov. 1945, International Military Tribunal, Palace of Justice, Nuremberg, Germany.

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The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

Learned Hand

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Hand, Learned. "The Spirit of Liberty." I Am An American Day. 21 May 1944, Central Park, New York City, NY, USA.

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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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There is no happiness, there is no liberty, there is no enjoyment of life, unless a man can say when he rises in the morning, I shall be subject to the decision of no unjust judge to-day.

Daniel Webster

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Webster, Daniel. Speech at a public dinner in New York. 10 Mar. 1831, New York, NY, USA.

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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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"I beseech ye in the bowels of Christ, think that ye may be mistaken." I should like to have that written over the portals of every church, every school, and every court house, and, may I say, of every legislative body in the United States. I should like to have every court begin, "I beseech ye in the bowels of Christ, think that we may be mistaken."

Learned Hand

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Hand, Learned. "Morals in Public Life." Senate Committee on Labor and Public Welfare. 28 June 1951, Washington, DC, USA. Testimony.

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That community is already in process of dissolution where each man begins to eye his neighbor as a possible enemy, where nonconformity with the accepted creed, political as well as religious, is a mark of disaffection; where denuciation, without specification or backing, takes the place of evidence; where orthodoxy chokes freedom of dissent; where faith in the eventual supremacy of reason has become so timid that we dare not enter our convictions in the open lists, to win or lose.

Learned Hand

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Hand, Learned. Speech to the Board of Regents. 24 Oct. 1952, University of the State of New York, Albany, NY, USA.

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