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Title: Defending 4um's Rights: Whitney v. California (No. 3) 453, affirmed
Source: Cornell Law School
URL Source: http://www.law.cornell.edu/supct/ht ... rics/USSC_CR_0274_0357_ZC.html
Published: May 16, 1927
Author: BRANDEIS, J.
Post Date: 2009-05-26 21:52:16 by Deasy
Ping List: *Up to the Sun*     Subscribe to *Up to the Sun*
Keywords: None
Views: 131
Comments: 6

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. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that, without free speech and assembly, discussion would be futile; that, with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty, and that this should be a fundamental principle of the American government. ^[n2] They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies, and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence [p376] coerced by law -- the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.

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Begin Trace Mode for Comment # 3.

#3. To: Deasy (#0)

Although both Brandies and Sotomayor are functionaries of the political left, the most obvious difference between them is intelligence, with Sotomayor lagging miles behind.

Jethro Tull  posted on  2009-05-26   22:10:03 ET  Reply   Untrace   Trace   Private Reply  

#4. To: Jethro Tull (#3)

My only question at this point: do we have any cases like this for American nationalists?

Deasy  posted on  2009-05-26 22:11:52 ET  Reply   Untrace   Trace   Private Reply  

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