Free Speech Activists

"No doubt one may quote history to support any cause, as the devil quotes scripture; but modern history is not a very satisfactory side-arm in political polemics; it grows less and less so."

"We may win when we lose, if we have done what we can; for by so doing we have made real at least some part of that finished product in whose fabrication we are most concerned: ourselves."

"If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice."

"The day has clearly gone forever of societies small enough for their members to have personal acquaintance with one another, and to find their station through the appraisal of those who have first hand knowledge of them. Publicity is an evil substitute and the art of publicity is a black art; but it has come to stay, every year adds to its potency and to the finality of its judgments. The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country whether we like it or not, we must learn to accept it."

"What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow. What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest."

"You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles; I do not know whether they will serve only as counsels; but this much I think I do know — that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish. What is the spirit of moderation? It is the temper which does not press a partisan advantage to its bitter end, which can understand and will respect the other side, which feels a unity between all citizens—real and not the factitious product of propaganda—which recognizes their common fate and their common aspirations—in a word, which has faith in the sacredness of the individual."

"Right knows no boundaries and justice no frontiers; the brotherhood of man is not a domestic institution."

"With the courage which only comes of justified self-confidence, he dared to rest his case upon its strongest point, and so avoided that appearance of weakness and uncertainty which comes of a clutter of arguments. Few lawyers are willing to do this; it is the mark of the most distinguished talent."

"Like John Stuart Mill, he would often begin by stating the other side better than its advocate had stated it himself."

"We may not stop until we have done our part to fashion a world in which there shall be some share of fellowship; which shall be better than a den of thieves. Let us not disguise the difficulties; and, above all, let us not content ourselves with nobel aspirations, counsels of perfection, and self-righteous advice to others. We shall need the wisdom of the serpent; we shall have to be content with short steps; we shall be obliged to give and take; we shall face the strongest passions of mankind — our own not the least; and in the end we shall have fabricated an imperfect instrument. But we shall not wholly have failed; we shall have gone forward, if we bring to our task a pure and chastened spirit, patience, understanding, sympathy, forbearance, generosity, fortitude, and, above all, an inflexible determination. The history of man has just begun; in the aeons which lie before him lie limitless hope or limitless despair. The choice is his; the present choice is ours. It is worth the trial."

"Life is made up of a series of judgments on insufficient data, and if we waited to run down all our doubts, it would flow past us."

"The mid-day sun is too much for most eyes; one is dazzled even with its reflection. Be careful that too broad and high an aim does not paralyze your effort and clog your springs of action."

"It is of course true that any kind of judicial legislation is objectionable on the score of the limited interests which a Court can represent, yet there are wrongs which in fact legislatures cannot be brought to take an interest in, at least not until the Courts have acted."

"We like rather to dream of a body of young men as a live thing, as a tree where all the branches are nourished by a single sap, and where each part is meaningless and incomplete except in connection with its fellows. You may lop away the dead branches, you may bend the trunk, you may dig about it and water it; but leave it to assume its own form, do not constrain the peculiar roots, or you will have a crippled, gnarled monster, and no tree."

"Yet the whole structure of the common law is an obvious denial of this theory; it stands as a monument slowly raised, like a coral reef, from the minute accretions of past individuals, of whom each built upon the relics which his predecessors left, and in his turn left a foundation upon which his successors might work."

"The law, being an inherited accumulation, imposes itself on each generation willy-nilly. Any society whose members enter and leave it severally must for very convenience, to say nothing of deeper reasons, proceed by tradition; the neophyte must adopt existing habits and ways of acting, if for no better reason, through inexperience and diffidence. Mere custom will do the rest as he proceeds. And so the rule is canonized, its origins, and therefore its meaning, are ignored. But genuine learning is quite different."

"Justice, I think, is the tolerable accomodation of the conflicting interests of society, and I don't believe there is any royal road to attain such accomodations concretely."

"A self-made man may prefer a self-made name."

"Life is not a thing of knowing only — nay, mere knowledge has properly no place at all save as it becomes the handmaiden of feeling and emotion."

"If the prosecution of crime is to be conducted with so little regard for that protection which centuries of English law have given to the individual, we are indeed at the dawn of a new era; and much that we have deemed vital to our liberties, is a delusion."

"Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."

"There is no surer way to misread any document than to read it literally. [...] As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final."

"Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes."

"What to an outsider will be no more than the vigorous presentation of a conviction, to an employee may be the manifestation of a determination which it is not safe to thwart."

"The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance upon free discussion."

"How long shall we blunder along without the aid of unpartisan and authoritative scientific assistance in the administration of justice, no one knows; but all fair persons not conventionalized by provincial legal habits of mind ought, I should think, unite to effect some change."

"Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of the law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between the two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government."

"That community is already in the process of dissolution where each man begins to eye his neighbor as a possible enemy, where nonconformity with the accepted creed, political as well as religious, is a mark of disaffection; where denunciation, without specification or backing, takes the place of evidence; where orthodoxy chokes freedom of dissent; where faith in the eventual supremacy of reason has become so timid that we dare not enter our convictions in the open lists, to win or lose."

"The public needs the equivalent of Chevrolets as well as Cadillacs."

"This is the most miserable of cases, but we must dispose of it as though it had been presented by actual lawyers."

"[W]hat seems fair enough against a squalid huckster of bad liquor may take on a different face, if used by a government determined to suppress political opposition under the guise of sedition."

"I had rather take my chance that some traitors will escape detection than spread abroad a spirit of general suspicion and distrust, which accepts rumor and gossip in place of undismayed and unintimidated inquiry."

"For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not."

"In the end it is worse to suppress dissent than to run the risk of heresy."

"The judge's authority depends upon the assumption that he speaks with the mouth of others. That is to say, the momentum of his utterances must be greater than any which his personal reputation and character can command, if it is to do the work assigned to it — if it is to stand against the passionate resentments arising out of the interests he must frustrate — for while a judge must discover some composition with the dominant trends of his times, he must preserve his authority by cloaking himself in the majesty of an overshadowing past."

"It is often hard to secure unanimity about the borders of legislative power, but that is much easier than to decide how far a particular adjustment diverges from what the judges deem tolerable. On such issues experience has over and over again shown the difficulty of securing unanimity. This is disastrous because disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends."

"Most of my issues that mankind sets out to settle, it never does settle… The dispute fades into the past unsolved, though perhaps it may be renewed as history and fought over again. It disappears because it is replaced by some compromise that, although not wholly acceptable to either side, offers a tolerable substitute for victory…"

"It is of course essential to any protection of literary property, whether at common-law or under the statute, that the right cannot be limited literally to the text, else a plagiarist would escape by immaterial variations. That has never been the law, but, as soon as literal appropriation ceases to be the test, the whole matter is necessarily at large, so that, as was recently well said by a distinguished judge, the decisions cannot help much in a new case."

""The "futures" and "careers" for which American students now prepare are for the most part intellectual and moral wastelands. This chrome-plated consumers' paradise would have us grow up to be well-behaved children. But an important minority of men and women coming to the front today have shown they will die rather than be standardized, replaceable, and irrelevant."

"The university is a vast public utility which turns out future workers in today's vineyard, the military-industrial complex. They've got to be processed in the most efficient way to see to it that they have the fewest dissenting opinions, that they have just those characteristics which are wholly incompatible with being an intellectual. This is a real internal psychological contradiction. People have to suppress the very questions which reading books raises."

"The university is well structured, well tooled, to turn out people with all the sharp edges worn off, the well-rounded person. The university is well equipped to produce that sort of person, and this means that the best among the people who enter must for four years wander aimlessly much of the time questioning why they are on campus at all, doubting whether there is any point in what they are doing, and looking toward a very bleak existence afterward in a game in which all of the rules have been made up, which one cannot really amend."

"I am not a political person. My involvement in the Free Speech Movement is religious and moral... I don't know what made me get up and give that first speech. I only know I had to. What was it Kierkegaard said about free acts? They're the ones that, looking back, you realize you couldn't help doing."

"We have an autocracy which — which runs this university. It's managed. We were told the following: If President Kerr actually tried to get something more liberal out of the Regents in his telephone conversation, why didn't he make some public statement to that effect? And the answer we received — from a well-meaning liberal — was the following: He said, "Would you ever imagine the manager of a firm making a statement publicly in opposition to his Board of Directors?" That's the answer.Well I ask you to consider — if this is a firm, and if the Board of Regents are the Board of Directors, and if President Kerr in fact is the manager, then I tell you something — the faculty are a bunch of employees and we're the raw material! But we're a bunch of raw materials that don't mean to be — have any process upon us. Don't mean to be made into any product! Don't mean — Don't mean to end up being bought by some clients of the University, be they the government, be they industry, be they organized labor, be they anyone! We're human beings!"

"You can't disobey the rules every time you disapprove. However, when you're considering something that constitutes an extreme abridgement of your rights, conscience is the court of last resort."

"There is a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part. You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you've got to make it stop! And you've got to indicate to the people who run it, to the people who own it — that unless you're free, the machine will be prevented from working at all!"

"Freedom of speech is something that represents the very dignity of what a human being is. If you cannot speak... I mean, that's what marks us off. That's what marks us off from the stones and the stars. You can speak freely. It is almost impossible for me to describe. It is the thing that marks us as just below the angels. I don't want to push this beyond where it should be pushed, but I feel it."

"[1964 was] when I met him. He was a year older, a junior and a philosophy major, very brilliant. [There was] a thing about him that was so marvelous for me. I was the daughter of this very famous communist, so in these radical circles, that’s how I was always thought of. It was hard for me to establish a person who wasn’t the ‘daughter of’ [my father]. It was also a part of the sexism at the time and again, I wasn’t conscious of it, but I knew it made me uncomfortable. Mario didn’t care who I was the daughter of. What mattered to him was human to human connection. Of course, the movement was very very intense, and we were meeting all the time, often until the wee hours of the morning. There were 11 of us on the steering committee, [and] there was a larger executive committee that met. Also informally, we hung out together a great deal of the time. We would go to a movie, talk about a book, have a cup of coffee. It was never romantic, but the right-wing papers would say, this young (Jewish) communist is corrupting this blonde hair blue eyed fellow."

"The First Amendment is national in scope and, as the Supreme Court said in Tinker, it does not stop at the schoolhouse door. Not all children are the same. Is a 17-year-old on the eve of his 18th birthday the same as a five-year-old? It is not the responsibility of librarians, or online content providers for that matter, to determine what is appropriate. We are at the very beginning of how we will handle this new medium."

"You should have access to ideas and information regardless of your age. If anyone is going to limit or guide a young person, it should be the parent or guardian — and only the parent or guardian."

"Toni Morrison is challenged regularly because she is a black author who writes about the real world. She speaks with so much knowledge about black issues she can't be accused of creating these (issues). People find these issues threatening."