Freedom of speech

"The general rule of law is, that the noblest of human productions — knowledge, truths ascertained, conceptions and ideas — become, after voluntary communication to others, free as the air to common use."

"Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom."

"But arms – instrumentalities, as President Wilson called them – are not sufficient by themselves. We must add to them the power of ideas. People say we ought not to allow ourselves to be drawn into a theoretical antagonism between Nazidom and democracy; but the antagonism is here now. It is this very conflict of spiritual and moral ideas which gives the free countries a great part of their strength. You see these dictators on their pedestals, surrounded by the bayonets of their soldiers and the truncheons of their police. On all sides they are guarded by masses of armed men, cannons, aeroplanes, fortifications, and the like – they boast and vaunt themselves before the world, yet in their hearts there is unspoken fear. They are afraid of words and thoughts; words spoken abroad, thoughts stirring at home – all the more powerful because forbidden – terrify them. A little mouse of thought appears in the room, and even the mightiest potentates are thrown into panic. They make frantic efforts to bar our thoughts and words; they are afraid of the workings of the human mind. Cannons, airplanes, they can manufacture in large quantities; but how are they to quell the natural promptings of human nature, which after all these centuries of trial and progress has inherited a whole armoury of potent and indestructible knowledge?"

"So we must beware of a tyranny of opinion which tries to make only one side of a question the one which may be heard. Everyone is in favour of free speech. Hardly a day passes without its being extolled, but some people’s idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage."

"After all, if freedom of speech means anything, it means a willingness to stand and let people say things with which we disagree, and which do weary us considerably."

"The Constitution is a delusion and a snare if the weakest and humblest man in the land cannot be defended in his right to speak and his right to think as much as the strongest in the land."

"When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution."

"But the character of every act depends upon the circumstances in which it is done…. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force…. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree."

"Freiheit ist immer Freiheit der Andersdenkenden."

"So long as you are a slave to the opinions of the many you have not yet approached freedom or tasted its nectar… But I do not mean by this that we ought to be shameless before all men and to do what we ought not; but all that we refrain from and all that we do, let us not do or refrain from merely because it seems to the multitude somehow honorable or base, but because it is forbidden by reason and the god within us."

"Herein lies the value of free speech. It makes concealment difficult, and, in the long run, impossible. One heretic, if he is right, is as good as a host. He is bound to win in the long run. It is thus no wonder that foes of the enlightenment always begin their proceedings by trying to deny free speech to their opponents. It is dangerous to them and they know it. So they have at it by accusing these opponents of all sorts of grave crimes and misdemeanors, most of them clearly absurd – in other words, by calling them names and trying to scare them."

"It is the function of speech to free men from the bondage of irrational fears."

"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."

"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. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."

"If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us but freedom for the thought we hate."

"It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property."

"So, dear friend, put fear out of your heart. This nation will survive, this state will prosper, the orderly business of life will go forward if only men can speak in whatever way given them to utter what their hearts hold—by voice, by posted card, by letter or by press. Reason never has failed men. Only force and repression have made the wrecks in the world."

"The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. … the press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion."

"The freedom of speech and of the press, which are secured by the First Amendment against abridgment by the United States, are among the fundamental personal rights and liberties which are secured to all persons by the Fourteenth Amendment against abridgment by a state. The safeguarding of these rights to the ends that men may speak as they think on matters vital to them and that falsehoods may be exposed through the processes of education and discussion is essential to free government. Those who won our independence had confidence in the power of free and fearless reasoning and communication of ideas to discover and spread political and economic truth."

"Without general elections, without freedom of the press, freedom of speech, freedom of assembly, without the free battle of opinions, life in every public institution withers away, becomes a caricature of itself, and bureaucracy rises as the only deciding factor."

"We look forward to a world founded upon four essential human freedoms. The first is freedom of speech and expression—everywhere in the world. The second is freedom of every person to worship God in his own way—everywhere in the world. The third is freedom from want... The fourth is freedom from fear."

"Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution."

"Compulsory unification of opinion achieves only the unanimity of the graveyard."

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities, and to establish them as legal principles to be applied by the courts. / One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

"Take away freedom of speech, and the creative faculties dry up."

"The relative freedom which we enjoy depends of public opinion. The law is no protection. Governments make laws, but whether they are carried out, and how the police behave, depends on the general temper in the country. If large numbers of people are interested in freedom of speech, there will be freedom of speech, even if the law forbids it; if public opinion is sluggish, inconvenient minorities will be persecuted, even if laws exist to protect them."

"I want freedom for full expression of my personality."

"Threats to freedom of speech, writing and action, though often trivial in isolation, are cumulative in their effect and, unless checked, lead to a general disrespect for the rights of the citizen."

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

"The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes. Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262, 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373, 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.Terminiello, 337 U.S. at 4-5."

"Freedom is the freedom to say that two plus two make four. If that is granted, all else follows."

"If liberty means anything at all, it means the right to tell people what they do not want to hear."

"Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us."

"The sound of tireless voices is the price we pay for the right to hear the music of our own opinions."

"I yield to no man—if I may borrow that majestic parliamentary phrase—I yield to no man in my belief in the principle of free debate, inside or outside the halls of Congress. The sound of tireless voices is the price we pay for the right to hear the music of our own opinions. But there is also, it seems to me, a moment at which democracy must prove its capacity to act. Every man has a right to be heard; but no man has the right to strangle democracy with a single set of vocal cords."

"History indicates that individual liberty is intermittently subjected to extraordinary perils. Even countries dedicated to government by the people are not free from such cyclical dangers. ... Test oaths are notorious tools of tyranny. When used to shackle the mind they are, or at least they should be, unspeakably odious to a free people. Test oaths are made still more dangerous when combined with bills of attainder which like this Oklahoma statute impose pains and penalties for past lawful associations and utterances.... Governments need and have ample power to punish treasonable acts. But it does not follow that they must have a further power to punish thought and speech as distinguished from acts. Our own free society should never forget that laws which stigmatize and penalize thought and speech of the unorthodox have a way of reaching, ensnaring and silencing many more people than at first intended. We must have freedom of speech for all or we will in the long run have it for none but the cringing and the craven. And I cannot too often repeat my belief that the right to speak on matters of public concern must be wholly free or eventually be wholly lost."

"Laws alone cannot secure freedom of expression; in order that every man may present his views without penalty, there must be a spirit of tolerance in the entire population."

"For in the absence of debate unrestricted utterance leads to the degradation of opinion. By a kind of Gresham's law the more rational is overcome by the less rational, and the opinions that will prevail will be those which are held most ardently by those with the most passionate will. For that reason the freedom to speak can never be maintained merely by objecting to interference with the liberty of the press, of printing, of broadcasting, of the screen. It can be maintained only by promoting debate."

"That there is a social problem presented by obscenity is attested by the expression of the legislatures of the forty-eight States, as well as the Congress. To recognize the existence of a problem, however, does not require that we sustain any and all measures adopted to meet that problem. The history of the application of laws designed to suppress the obscene demonstrates convincingly that the power of government can be invoked under them against great art or literature, scientific treatises, or works exciting social controversy. Mistakes of the past prove that there is a strong countervailing interest to be considered in the freedoms guaranteed by the First and Fourteenth Amendments."

"If the First Amendment guarantee of freedom of speech and press is to mean anything, it must allow protests even against the moral code that the standard of the day sets for the community."

"The standard of what offends 'the common conscience of the community' conflicts … with the command of the First Amendment. … Certainly that standard would not be an acceptable one if religion, economics, politics or philosophy were involved. How does it become a constitutional standard when literature treating with sex is concerned? / 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..."

"We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people."

"We are required in this case to determine for the first time the extent to which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct."

"[There exists a] profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."

"Authoritative interpretations of the First Amendment guarantees have consistently refused to recognize an exception for any test of truth — whether administered by judges, juries, or administrative officials — and especially one that puts the burden of proving truth on the speaker."

"The censor is always quick to justify his function in terms that are protective of society. But the First Amendment, written in terms that are absolute, deprives the States of any power to pass on the value, the propriety, or the morality of a particular expression."

"The dissemination of the individual's opinions on matters of public interest is for us, in the historic words of the Declaration of Independence, an 'unalienable right' that 'governments are instituted among men to secure.' History shows us that the Founders were not always convinced that unlimited discussion of public issues would be 'for the benefit of all of us' but that they firmly adhered to the proposition that the 'true liberty of the press' permitted 'every man to publish his opinion'."

"The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty."

"Somewhere I read of the freedom of assembly. Somewhere I read of the freedom of speech. Somewhere I read of the freedom of the press. Somewhere I read that the greatness of America is the right to protest for right. And so just as I say, we aren't going to let any injunction turn us around. We are going on."

"Freedom of speech means not only freedom for the views with which you agree but also freedom for the views which you hate and deplore."