The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security.
From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.
In my view, far from deserving condemnation for their courageous reporting, The New York Times, The Washington Post and other newspaper should be commended for serving the purpose that the Founding Fathers saw so clearly.
The first ten amendments were proposed and adopted largely because of fear that Government might unduly interfere with prized individual liberties. The people wanted and demanded a Bill of Rights written into their Constitution. The amendments embodying the Bill of Rights were intended to curb all branches of the Federal Government in the fields touched by the amendments-Legislative, Executive, and Judicial.
The Court stands against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are nonconforming victims of prejudice or public excitement.
Freedom to speak and write about public questions is as important to the life of our government as is the heart to the human body. In fact, this privilege is the heart of our government. If that heart be weakened, the result is debilitation; if it be stilled, the result is death.
The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.
No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance.
In my judgment the people of no nation can lose their liberty so long as a Bill of Rights like ours survives and its basic purposes are conscientiously interpreted, enforced and respected so as to afford continuous protection against old, as well as new, devices and practices which might thwart those purposes. I fear to see the consequences of the Court's practice of substituting its own concepts of decency and fundamental justice for the language of the Bill of Rights as its point of departure in interpreting and enforcing that Bill of Rights.
Criticism of government finds sanctuary in several portions of the 1st Amendment. It is part of the right of free speech. It embraces freedom of the press
Freedom to publish means freedom for all and not for some. Freedom to publish is guaranteed by the constitution but freedom to continue to prevent others from publishing is not.
The lesson which wars and depressions have taught is that if we want peace, prosperity and happiness at home we must help to establish them abroad.
It would degrade our country and our judicial system to permit our courts to be bullied, insulted and humiliated and the orderly progress thwarted and obstructed by defendants brought before them charged with crimes.
The flagrant disregard in the courtroom of elementary standards of proper conduct should not and cannot be tolerated.
In revealing the workings of government that led to the Vietnam War, the newspapers nobly did precisely that which the Founders hoped and trusted they would do.
The interest of the people lies in being able to join organizations, advocate causes, and make political "mistakes" without being subjected to governmental penalties.
When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain.
Compelling a man by law to pay his money to elect candidates or advocate law or doctrines he is against differs only in degree, if at all, from compelling him by law to speak for a candidate, a party, or a cause he is against. The very reason for the First Amendment is to make the people of this country free to think, speak, write and worship as they wish, not as the Government commands.
Loyalty must arise spontaneously from the hearts of people who love their country and respect their government.
No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.
I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon.
History showed that many people had lost their respect for any religion that had relied upon the support of government to spread its faith.
The United States has a system of taxation by confession
Citizenship is no light trifle to be jeopardized any moment Congress decides to do so under the name of one of its general or implied grants of power.
Paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.
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