“From time to time our national history has been marred by forgetfulness of the Jeffersonian principle that restraint is at the heart of liberty. In 1789 the Federalists adopted Alien and Sedition Acts in a shabby political effort to isolate the Republic from the world and to punish political criticism as seditious libel.
In the 1920’s the Attorney General of the United States degraded his office by hunting political radicals as if they were Salem witches. The Nation’s only gain from his efforts were the classic dissents of Holmes and Brandeis (Olmstead v.United States)…
The architects of fear have converted a wholesome law against conspiracy into an instrument for making association a crime. Pretending to fear government they have asked government to outlaw private protest. They glorify ‘togetherness’ when it is theirs, and call it conspiracy when it is that of others.
In listing these abuses I do not mean to condemn our central effort to protect the Nation’s security. The dangers that surround us have been very great, and many of our measures of vigilance have ample justification. Yet there are few among us who do not share a portion of the blame for not recognizing soon enough the dark tendency towards an excess of caution.”
John F. Kennedy
“Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperilled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.
Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means — to declare that the Government may commit crimes in order to secure the conviction of a private criminal — would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.”
Louis Brandeis, dissenting, Olmstead v. United States
“Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed. Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech, there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one…
Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.
It is therefore always open to Americans to challenge a law abridging free speech and assembly by showing that there was no emergency justifying it. Moreover, even imminent danger cannot justify resort to prohibition of these functions essential to effective democracy unless the evil apprehended is relatively serious.”
Louis Brandeis, Whitney v. California
