Oliver Wendell Holmes Jr. Quotes
We should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Oliver Wendell Holmes Jr., 1841-1935, U. S. Supreme Court Justice, Abrams et al v. United States, November 10, 1919
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Arguing agaist libel and sedition prosecutions:
Striking down a law making cross burning a crime:
In WWI Congress had passed a law that prohibited anyone from undermining or interfering with the war effort. The defendants had passed out anti-war literature to young men heading for military service. The court then overlooked the First Amendment and came up with a strange logic where the “clear and present danger” was the test of whether the First Amendment would apply. The anti war pamphleteers went to jail. Today, we look back on this and find it very surprising but this is yet another example of erosion of freedom and civil liberties when the nation is at war. By the 1950s, the Supreme Court had reversed itself and the First Amendment was restored to its original intent.
Samuel Langhorne Clemens, 1835-1910. Even when we have political freedom of speech, there are often social consequences to exercising that freedom. See {630273} .
This is a typical statement of human rights policy by many countries. Essentially, some controlling authority states that rights are guaranteed except when it is “dangerous” or contrary to the country’s “best interest”. Of course then anything the authorities want to censor is classified so that it is an exception. To be a right, it must be guaranteed even when hateful, insulting and/or dangerous.
Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932. Noted for his long service, concise and pithy opinions, and deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for opinions on civil liberties and American constitutional democracy, and is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice in the federal Supreme Court (although John Paul Stevens was only 8 months younger when he retired on April 12, 2010). He previously served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.
