People From Vienna

"You have performed a military feat which will become part of history. You have given me back my friend Mussolini!"

"The most dangerous man in Europe."

"I would never have surrendered, because of my pledge as a German officer. But when Hitler died, that pledge ended. By killing himself, Hitler saved thousands of lives. They relieved us of our oaths as soldiers."

"Hitler decided that Mussolini must be freed from the Italian Partisans because Benito was his friend and had acted in good faith."

"Duce, the Führer has sent me to set you free!"

"Although care must be taken not to kill or injure anyone while these persons are being taken into custody, resistance must be broken!"

"My knowledge of pain, learned with the sabre, taught me not to be afraid. And just as in dueling when you must concentrate on your enemy's cheek, so, too, in war. You cannot waste time on feinting and sidestepping. You must decide on your target and go in."

"War is inevitable, and this time, it will be truly world wide. It will unravel everywhere and there will be no limit to its battlefields. The condemnations of Nuremberg will be one of the main reasons, which will cause this war to be a conflict whose horror will be unparalleled. These condemnations gave birth, in fact, to a new conception which makes the victor a hero and the vanquished an odious criminal. By this fact, each leader will wage war like a demon in order not to be the loser and become, consequently, a criminal. All the atrocities that can be imagined by man, will be committed during this next war, in order to prevent the enemy from acquiring victory. What I have just said, I have repeated to the American representatives and I have warned them that all of the mothers of the entire world will one day curse America."

"A theorist can explain any correlation, and its inverse."

"I do take law very seriously, deeply seriously, because fragile as reason is and limited as law is as the institutionalized medium of reason, that's all we have standing between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feeling."

"Emerson said to him, "Young man, have you read Plato?" Holmes said he hadn't. "You must. You must read Plato. But you must hold him at arm's length and say, 'Plato, you have delighted and edified mankind for two thousand years. What have you to say to me?'" Holmes said, "That's the lesson of independence." So off he went and read Plato for a few moths or a year, and then wrote a piece doing in Mr. Plato in one of those ephemeral literary things at Harvard. He laid this, as it were, at the feet of Mr. Emerson and awaited the next morning's mail, hoping to get a warm appreciation from Emerson. And the next day and the next and the next — no sign of life. No acknowledgment from Mr. Emerson. Holmes didn't see him again for about a year. When he saw him, this, that, and the other thing was again talked about. Emerson said, "Oh, by the way, I read your piece on Plato. Holmes, when you strike at a king, you must kill him." Holmes said, "That was the second great lesson — humility.""

"Holmes said Emerson had a beautiful voice, and, of course, Holmes had one of the most beautiful voices the Lord ever put into a throat."

"Morals are three-quarters manners."

"I know of no title that I deem more honorable than that of Professor of the Harvard Law School."

"Judicial judgment must take deep account...of the day before yesterday in order that yesterday may not paralyze today."

"For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule."

"As a member of this court I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard."

"All our work, our whole life is a matter of semantics, because words are the tools with which we work, the material out of which laws are made, out of which the Constitution was written. Everything depends on our understanding of them."

"I came into the world a Jew, and although I did not live my life entirely as a Jew, I think it is fitting that I should leave as a Jew. I don’t want to … turn my back on a great and noble heritage."

"The mode by which the inevitable is reached is effort."

"One is entitled to say without qualification that the correlation between prior judicial experience and fitness for the Supreme Court is zero."

"What becomes decisive to a Justice's functioning on the Court in the large area within which his individuality moves is his general attitude toward law, the habits of the mind that he has formed or is capable of unforming, his capacity for detachment, his temperament or training for putting his passion behind his judgment instead of in front of it. The attitudes and qualities which I am groping to characterize are ingredients of what compendiously might be called dominating humility."

"The words of the Constitution … are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life."

"It is true of opinions as of other compositions that those who are seeped in them, whose ears are sensitive to literary nuances, whose antennae record subtle silences, can gather from their contents meaning beyond the words. All this presupposes, of course, a grasp of the nature of the Supreme Court's functions — the scope and limits of its constitutional authority — and often, as well, familiarity with the record and briefs of a particular case whose opinion record and briefs of a particular case whose opinion is under scrutiny."

"Congress is, after all, not a body of laymen unfamiliar with the commonplaces of our law. This legislation was the formulation of the two Judiciary Committees, all of whom are lawyers, and the Congress is predominately a lawyers' body."

"No judge writes on a wholly clean slate."

"Gratitude is one of the least articulate of the emotions, especially when it is deep. I can express with very limited adequacy the passionate devotion to this land that possesses millions of our people, born, like myself, under other skies, for the privilege that that this county has bestowed in allowing them to partake of its fellowship."

"In the first place, lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one."

"The eternal struggle in the law between constancy and change is largely a struggle between history and reason, between past reason and present needs."

"Appeal must be to an informed, civically militant electorate."

"Convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth."

"In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people's representatives."

"A free press is vital to a democratic society because its freedom gives it power. Power in a democracy implies responsibility in its exercise. No institution in a democracy, either governmental or private, can have absolute power. Nor can the limits of power which enforce responsibility be finally determined by the limited power itself. See Carl L. Becker, Freedom and Responsibility in the American Way of Life (1945). In plain English, freedom carries with it responsibility even for the press; freedom of the press is not a freedom from responsibility for its exercise. Most State constitutions expressly provide for liability for abuse of the press' freedom. That there was such legal liability was so taken for granted by the framers of the First Amendment that it was not spelled out. Responsibility for its abuse was imbedded in the law. The First Amendment safeguarded the right. [...] The press does have the right, which is its professional function, to criticize and to advocate. The whole gamut of public affairs is the domain for fearless and critical comment, and not least the administration of justice. But the public function which belongs to the press makes it an obligation of honor to exercise this function only with the fullest sense of responsibility. Without such a lively sense of responsibility, a free press may readily become a powerful instrument of injustice."

"Time and experience have forcefully taught that the power to inspect dwelling places, either as a matter of systematic area-by-area search or, as here, to treat a specific problem, is of indispensable importance in the maintenance of community health; a power that would be greatly hobbled by the blanket requirement of the safeguards necessary for a search of evidence of criminal acts."

"Lincoln's appeal to "the better angels of our nature" failed to avert a fratricidal war. But the compassionate wisdom of Lincoln's first and second inaugurals bequeathed to the Union, cemented with blood, a moral heritage which, when drawn upon in times of stress and strife, is sure to find specific ways and means to surmount difficulties that may appear to be insurmountable."

"While it is not always profitable to analogize "fact" to "fiction," La Fontaine's fable of the crow, the cheese, and the fox demonstrates that there is a substantial difference between holding a piece of cheese in the beak and putting it in the stomach."

"Without a free press there can be no free society. That is axiomatic. However, freedom of the press is not an end in itself but a means to the end of a free society. The scope and nature of the constitutional guarantee of the freedom of the press are to be viewed and applied in that light."

"A license cannot be revoked because a man is redheaded or because he was divorced, except for a calling, if such there be, for which redheadedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids."

"The most constructive way of resolving conflicts is to avoid them."

"The process of education has naturally enough been the basis of hope for the perdurance of our democracy on the part of all our great leaders, from Thomas Jefferson onwards. To regard teachers—in our entire educational system, from the primary grades to the university—as the priests of our democracy is therefore not to indulge in hyperbole. It is the special task of teachers to foster those habits of open-mindedness and critical inquiry which alone make for responsible citizens, who, in turn, make possible an enlightened and effective public opinion. Teachers must fulfill their function by precept and practice, by the very atmosphere which they generate; they must be exemplars of open-mindedness and free inquiry. They cannot carry out their noble task if the conditions for the practice of a responsible and critical mind are denied to them."

"[It is anomalous] to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach."

"The mark of a truly civilized man is confidence in the strength and security derived from the inquiring mind."

"It is a wise man who said that there is no greater inequality than the equal treatment of unequals."

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people."

"There is torture of mind as well as body; the will is as much affected by fear as by force. And there comes a point where this Court should not be ignorant as judges of what we know as men."

"Ambiguity lurks in generality and may thus become an instrument of severity."

"Wisdom too often never comes, and so one ought not to reject it merely because it comes late."

"A court which yields to the popular will thereby licenses itself to practice despotism, for there can be no assurance that it will not on another occasion indulge its own will."

"The indispensable judicial requisite is intellectual humility."

"After all, this is the Nation's ultimate judicial tribunal, nor a super-legal-aid bureau."