William O. Douglas Quotes
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Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts." This is community censorship in one of its worst forms. It creates a regime where, in the battle between the literati and the Philistines, the Philistines are certain to win.
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We recognize the force of the argument that the effects of war under modern conditions may be felt in the economy for years and years, and that if the war power can be used in days of peace to treat all the wounds which war inflicts on our society, it may not only swallow up all other powers of Congress but largely obliterate the Ninth and the Tenth Amendments as well.
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Violence has no constitutional sanction; and every government from the beginning has moved against it. But where grievances pile high and most of the elected spokesmen represent the Establishment, violence may be the only effective response.
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The First Amendment, however, does not say that in every and all respects there shall be a separation of Church and State. Rathe, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependency one on the other. That is the common sense of the matter. Otherwise the state and religion would be aliens to each other.
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But our society - unlike most in the world - presupposes that freedom and liberty are in a frame of reference that makes the individual, not government, the keeper of his tastes, beliefs, and ideas. That is the philosophy of the First Amendment; and it is this article of faith that sets us apart from most nations in the world.
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It seemed to me that I had barely reached the Court when people were trying to get me off.
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World federation is an ideal that will not die. More and more people are coming to realize that peace must be more than an interlude if we are to survive; that peace is a produce of law and order; that law is essential if the force of arms is not to rule the world.
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At the constitutional level where we work, 90 percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.
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Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions.
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Thus if the First Amendment means anything in this field, it must allow protests even against the moral code that the standard of the day sets for the community. In other words, literature should not be suppressed merely because it offends the moral code of the censor.
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The purpose of the University of Washington cannot be to produce black lawyers for blacks, Polish lawyers for Poles, Jewish lawyers for Jews, Irish lawyers for Irish. It should be to produce good lawyers for Americans, and not to place First Amendment barriers against anyone.
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Why cannot we work at cooperative schemes and search for the common ground binding all mankind together?
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Realization of this need means adults must awaken to the urgency of the young people's unrest-in other words there must be created an adult unrest against the inequities and injustices in the present system. If the government is in jeopardy, it is not because we are unable to cope with revolutionary situations. Jeopardy means that either the leaders or the people do not realize they have all the tools required to make the revolution come true. The tools and the opportunity exist. Only the moral imagination is missing.
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The interests of the corporation state are to convert all the riches of the earth into dollars.
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The liberties of none are safe unless the liberties of all are protected.
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The Free Exercise Clause protects the individual from any coercive measure that encourages him toward one faith or creed, discourages him from another, or makes it prudent or desirable for him to select one and embrace it.
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I have the same confidence in the ability of our people to reject noxious literature as I have in their capacity to sort out the true from the false in theology, economics, or any other field.
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We do not sit as a super-legislature to weigh the wisdom of legislation.
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A people who extend civil liberties only to preferred groups start down the path either to dictatorship of the right or the left.
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Ideas are indeed the most dangerous weapons in the world. Our ideas of freedom are the most powerful political weapons man has ever forged.
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Only when there is a wilderness can man harmonize his inner being with the wavelengths of the earth. When the earth, its products, its creatures, become his concern, man is caught up in a cause greater than his own life and more meaningful. Only when man loses himself in an endeavor of that magnitude does he walk and live with humanity and reverence.
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The critical point is that the Constitution places the right of silence beyond the reach of government.
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We deal with a right of privacy older than the Bill of Rights-older than our political parties, older than our school system.
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This freedom of movement is the very essence of our free society, setting us apart. Like the right of assembly and the right of association, it often makes all other rights meaningful-knowing, studying, arguing, exploring, conversing, observing and even thinking. Once the right to travel is curtailed, all other rights suffer, just as when curfew or home detention is placed on a person.