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The guarantees of civil liberty are but guarantees of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them...The very essence of the liberty which they guarantee is the freedom of the individual from compulsion as to what he shall think and what he shall say...
Harlan Stone -
The [tenth] amendment states but a truism that all is retained which has not been surrendered.
Harlan Stone
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History teaches us that there have been but few infringements of personal liberty by the state which have not been justified, as they are here, in the name of righteousness and the public good, and few which have not been directed, as they are now, at politically helpless minorities.
Harlan Stone -
Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality.
Harlan Stone -
The law itself is on trial quite as much as the cause which is to be decided.
Harlan Stone -
Words, especially those of a constitution, are not to be read with such stultifying narrowness.
Harlan Stone -
If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant's natural god-given unalienable or constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law.
Harlan Stone -
The taxing power of the Federal Government, my dear; the taxing power is sufficient for everything you want and need.
Harlan Stone
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There is grim irony in speaking of the freedom of contract of those who, because of their economic necessities, give their service for less than is needful to keep body and soul together.
Harlan Stone -
To say that only those businesses affected with a public interest may be regulated is but another way of stating that all those businesses which may be regulated are affected with a public interest.
Harlan Stone -
Democracy cannot survive without the guidance of a creative minority.
Harlan Stone -
The right to participate in the choice of representatives for Congress includes, as we have said, the right to cast a ballot and to have it counted at the general election whether for the successful candidate or not.
Harlan Stone