Amendments To The United States Constitution

"All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States"

"Merely declaratory of what the law now is"

"The 14th Amendment Right of American Citizenship never had anything to do with modern day "gate crashers," illegal immigrants who break the Law by being in our Country, it had everything to do with giving Citizenship to former slaves."

"The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text. Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth."

"The main object of the opening sentence of the Fourteenth Amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this court, as to the citizenship of free negroes, Scott v. Sandford, . . . and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States, and of the State in which they reside. .. The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. .. To be “completely subject” to the political jurisdiction of the United States is to be in no respect or degree subject to the political jurisdiction of any other government. .. the children of aliens, whose parents have not only not renounced their allegiance to their native country, but are forbidden by its system of government, as well as by its positive laws, from doing so, and are not permitted to acquire another citizenship by the laws of the country into which they come, must necessarily remain themselves subject to the same sovereignty as their parents, and cannot, in the nature of things, be, any more than their parents, completely subject to the jurisdiction of such other country. .. the Fourteenth Amendment undoubtedly had particular reference to securing citizenship to the members of the colored race, whose servile status had been obliterated by the Thirteenth Amendment and who had been born in the United States, but were not and never had been subject to any foreign power. .. When, then, children are born in the United States to the subjects of a foreign power, with which it is agreed by treaty that they shall not be naturalized thereby, and as to whom our own law forbids them to be naturalized, such children are not born so subject to the jurisdiction as to become citizens .. consent to allow such persons to come into and reside within our geographical limits does not carry with it the imposition of citizenship upon children born to them while in this country under such consent, in spite of treaty and statute. .. the Fourteenth Amendment does not exclude from citizenship by birth children born in the United States of parents permanently located therein, and who might themselves become citizens; nor, on the other hand, does it arbitrarily make citizens of children born in the United States of parents who, according to the will of their native government and of this Government, are and must remain aliens."

"Simply declaratory of what is written in the Constitution"

"Its main purpose doubtless was, as has been often recognized by this court, to establish the citizenship of free negroes, which had been denied in the opinion delivered by Chief Justice Taney in Dred Scott v. Sandford .. The real object of the Fourteenth Amendment of the Constitution, in qualifying the words, “All persons born in the United States” by the addition “and subject to the jurisdiction thereof,” would appear to have been to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the National Government, unknown to the common law), the two classes of cases – children born of alien enemies in hostile occupation and children of diplomatic representatives of a foreign State – both of which, as has already been shown, by the law of England and by our own law from the time of the first settlement of the English colonies in America, had been recognized exceptions to the fundamental rule of citizenship by birth within the country. .. the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes"

"I don't give a shit what happens. I want you all to stonewall it, let them plead the Fifth Amendment, cover up or anything else, if it'll save it, save this plan. That's the whole point. We're going to protect our people if we can."

"It just makes me uncomfortable that the president, whoever it is, is the prosecutor, the judge, the jury and the executioner, all rolled into one. So I'm not suggesting something that would slow down response. But where there is time to submit it to a third party, a court, in confidence, and get a judgment that, yes, there’s sufficient evidence, that feels to me like that’s, its not full compliance with the Fifth Amendment … but some independent check on our executive is healthy for the system."

"In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property'. If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well."

"[N]ot once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that "[n]o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury," and that no person shall be "deprived of life . . . without due process of law.""

"Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

"The Fifth Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized."

"Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."

"I am ready and willing to testify before the representatives of our Government as to my own opinions and my own actions, regardless of any risks or consequences to myself. But I am advised by counsel that if I answer the committee’s questions about myself, I must also answer questions about other people and that if I refuse to do so, I can be cited for contempt. My counsel tells me that if I answer questions about myself, I will have waived my rights under the fifth amendment and could be forced legally to answer questions about others. This is very difficult for a layman to understand. But there is one principle that I do understand: I am not willing, now or in the future, to bring bad trouble to people who, in my past association with them, were completely innocent of any talk or any action that was disloyal or subversive."

"The nice men in periwigs who came up with the Fourth Amendment were recklessly naive to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve to check one another."

"I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity."

"The Fourth Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion."

"Even if the amendment guarantees self-ownership, why can I not contract my self-ownership away? Alienability is after all one of the rights normally associated with ownership. Inasmuch as I am not permitted to sell myself, it may be argued that I am not fully the owner of myself. Nozick, for example, thinks that a free system would allow a person to sell himself into slavery. To explain Bailey’s rule of inalienability, it is necessary to look beyond libertarian individualism and consider broader social inequalities. Such inequalities are part of the concern of a constitutional provision designed to eradicate slavery, because slavery did more than compel some individuals to serve the private interests of others: that burden was placed on a determinate social caste. 65 The framers believed that he work of abolition was only half complete as long as blacks remained legally inferior to whites, and they were right. Ass development in the South after the Civil War brutally demonstrated, pervasive inequalities make it possible for some citizens to subjugate others in ways that resemble antebellum slavery all too well."

"Bailey’s libertarian reading go the amendment, in which the right to freedom outweighs any other consideration, may seem unsatisfying, both morally and as an account of the amendment’s purpose. Its vision of society may appear more harmonious with the constitutionalization of laissez-faire individualism in Lochner v. New York, decided six years before Bailey, than with modern sensibilities. The modern administrative state needs to interfere with traditional individual liberties in myriad ways, some of them vitally linked to the promotion of women’s equality. This way be why, when an amicus in Roe relied on Bailey’s libertarianism to argue for a thirteenth amendment right to abortion, the Court expressly rejected the view “that one has an unlimited right to do with one’s body as one pleases” The liberty guaranteed by the thirteenth amendment, however, is narrower than this. It is not quite correct t say that the thirteenth amendment protects one’s right to control one’s own body. More precisely, the liberty the thirteenth amendment guarantees is the liberty not to have one’s body controlled by and for others."

"Robertson, more than any other Supreme Court decision, supports the view that the thirteenth amendment does not prohibit forced childbearing. But later cases have invalidated all four of Robertson’s arguments. The peonage cases squarely hold that a state “may not directly or indirectly command involuntary servitude, even if it was voluntarily contracted for.” As for “services which have from time immemorial been treated as exceptional,” both the Supreme Court and the lower courts have largely neglected this phrase, probably because it simply makes no sense; how can there be an exception that antedates the rule?197 The public necessity requirement seems to have been considerably tightened in Butler and Jacobson. And we know that has become of the idea that women are incompetents who may therefore properly be subjected to the absolute authority of their fathers and husbands. The sounder view would seem to be that of the dissenting Justice Harlan, who called the Court’s decision “judicial legislation” and concluded that “[a] condition of enforced service, even for a limited period, in the private service of another, is a condition of involuntary servitude.” Here, as in another, better known Civil War amendments case, Harlan’s lone dissent seems to have prevailed over brown’s majority opinion. Robertson, although it has never expressly been overruled, stands as a decision whose rationale has evaporated from under it."

"There is, however, a single Supreme Court decision which announces an exception to the thirteenth amendment broad enough to accommodate forced childbearing. In Robertson v. Baldwin, a divided Court upheld against a thirteenth amendment challenge a statute authorizing the forcible return of deserting seamen to their vessels. The exception to the amendment carved out in Robertson is far broader than that of the alter conscription cases. But, as I will explain, Robertson is no longer good law. Justice Brown, writing for the Court, relied on four arguments. First, he held that “involuntary servitude” does not include any servitude entered into voluntarily, and that “an individual may, for a valuable consideration, contract for the surrender of his personal liberty for a definite time and for a recognized purpose, and subordinate his going and coming to the will of another during the continuance of the contract;not that all such contracts would be lawful, but that a servitude which was knowingly and willingly entered into could not be termed involuntary.” This might be construed to encompass pregnancy, at least in cases in which the woman freely consented to sex and thus, some will say, voluntarily undertook the risk of conception. For all the reason enumerated earlier, this voluntariness is often suspect, but since Brown abjured a blanket inalienability rule, his reasoning might permit the state to demand that women prove this on a case-by-case basis. Second, he held that “the amendment was not intended to introduce any novel doctrine with respect to certain descriptions of service which have always been treated as exceptional; such as military and naval enlistments,” and concluded that “services which have from time immemorial been treated as exceptional shall not be regarded as within its purview.” A woman’s duty to bear children might be characterize as such an exceptional service, although this cannot easily be reconciled with the fourteenth amendment cases noted above. Third, Justice Brown argued that such exceptions should be recognized as “arising from the necessities of the case.” Unlike the conscription cases, however, the necessity that Brown deemed sufficient to justify the imposition was private need, not danger to the polity. The risk that deserting sailors pose to a ship is, of course, considerably less than the danger that abortion poses to a fetus. Fourth, he observed that Congress had made “very careful provisions. . . for the protection of seamen . . . as far as possible, against the consequences of their own ignorance and improvidence,” and concluded that “seamen are treated by Congress . . . as deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults, as needing the protection of the law . . . .” So much for compulsory service being an honorable badge of citizenship. This rather seems analogous to the common law’s traditional treatment of women as incompetents."

"Even if the thirteenth amendment provides textual support for Roe’s holding, what, if anything, has it to say about the jurisprudence of the abortion cases that followed Roe? To begin with, there is one kind of case in which the thirteenth amendment argument is simply overpowering. A demand by the father that the pregnancy continue, however deeply he might desire to procreate, would be a request that another person’s body be placed at his disposal for his purposes. A law giving the gather of the fetus the right to veto an abortion would represent the easiest thirteenth amendment case of all."

"There are two explanations for Bailey’s inalienability rule. The first is prophylactic: the rule prevents enforcement of ersatz contracts to which, because made in coercive circumstances, there was never real consent. The second is symbolic: by following the rule, the state refuses to give its sanction to the subjection of one class of citizens to another. Most economic analysts favor the first explanation. They have found inalienability to be problematic on its face, because this kind of paternalistic restraint may actually harm those it purports to help. That was the argument of the dissenting opinion in Bailey, in which Justice Holmes declared that he “cannot believe” that the amendment prohibits a statute which “punishes the mere refusal to labor according to contract as a crime.” The Thirteenth Amendment does not outlaw contracts for labor. That would be at least as great a misfortune for the laborer as for the man that employed him. For it certainly would affect the terms of the bargain if it were understood that the employer could do nothing in case the laborer saw fit to break his word."

"Bailey’s definition of involuntary servitude as “that control by which the personal service of one man is disposed of or coerced for another’s benefit” encompasses the burden imposed on women by laws against abortion, since the “natural operation” of a statute prohibiting abortion is to make it a crime for a woman to refuse to render service to a fetus. Even had the decision been differently worded, any decision in Bailey’s favor would probably protect the woman who seeks to abort, since the servitude to which Bailey was subjected was considerably less-less taxing, less intrusive, and less total in its probable impact on the course of his whole life-than that which forced pregnancy imposes on her. Bailey also provides an answer to those who would dispute that the servitude is involuntary. As I noted earlier, some opponents to abortion think that women should be considered to assume the risk of pregnancy when they consent to have sex. This argument is far-fetched, but even if women did deliberately assume such a risk, Bailey holds that the right to personal liberty guaranteed by the thirteenth amendment is inalienable. The full intent of the constitutional provision could be defeated with obvious facility if, through the guise of contracts under which advances had been made, debtors could be held to compulsory service. It is the compulsion of the service that the statute which enforces the amendment inhibits, for when that occurs the condition of servitude is created, which would not be less involuntary because of the original agreement to work out the indebtedness."

"The importance to thirteenth amendment jurisprudence of this concern about invidious social meanings is most evident in the Court’s interpretation of the second section of the amendment, which provides that “Congress shall have power to enforce this article by appropriate legislation.” This provision, the Court has held, “authorizes Congress not only to outlaw all forms of slavery and involuntary servitude but also to eradicate the last vestiges and incidents of a society half slave and half free. . . .” On the basis of this interpretation, the Court in Jones v. Alfred H. Mayer Co. sustained Congress’ authority to outlaw private racial discrimination: “Congress has the power under the Thirteenth Amendment to determine what are the badges and incident of slavery, and the authority to translate that determination into effective legislation.” Tribe thinks that this language, if read literally, grants to Congress a power to protect individual rights “which is as open-ended as its power to regulate interstate commerce.” But unlike the thirteenth amendment, the commerce clause does not specify the evil which Congress is empowered to eliminate. If the thirteenth amendment authorizes congress to eradicate the badges of slavery-even those which, as in Jones, do not directly impose involuntary servitude-this can only be because they, too, are among the evils that the amendment forbids."

"The Thirteenth Amendment’s promise of freedom has long provided to male citizens the sovereign control of their own bodies."

"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation."

"Each of the organizations and individuals urges upon the Court the position that laws restricting or regulating abortion as a special procedure violate the Thirteenth Amendment by imposing involuntary servitude without due conviction for a crime and without the justification of serving any current national or public need...."

"When women are compelled to carry and bear children, they are subjected to “involuntary servitude” in violation of the thirteenth amendment. Abortion prohibitions violate the amendment’s guarantee of personal liberty, because forced pregnancy and childbirth, by compelling the woman to serve the fetus, created “that control by which the personal service of one man [sic] is disposed of or coerced for another’s benefit which is the essence of involuntary servitude.” Such laws violate the amendment’s guarantee of equality, because forcing women to be mothers makes them into a servant caste, a group which, bu virtue of status of birth, is held subject to a special duty to serve others and not themselves. This argument makes available two responses to the objection that the fetus is a person. The first is that,even if this is so, the fetus’ right to continued aid from the woman does not automatically follow. As Thomson observed, “having a right to life does not guarantee having either a right to be given the use of or a right to be allowed continued use of another person’s body-even if one needs it for life itself.” Quite the reverse, giving fetuses a legal right to the continued use of their mothers’ bodies would be precisely what the thirteenth amendment forbids. The second response is that since abortion prohibitions infringe on the fundamental right to be free of involuntary servitude, the state bears the burden of having to show that the violation of this right is justified. The state cannot carry this burden, because no one knows how to prove (or disprove) that a fetus is, or should be considered, a person. The mere possibility that it “might” be is not enough to justify violating women’s Thirteenth Amendment rights by forcing them to be mothers."

"The thirteenth amendment is both libertarian and egalitarian, because the paradigmatic violation, antebellum slavery, deprives its victims of both liberty and equality. It compelled some private individuals to serve others, and it did so as part of a larger societal pattern of imposing such servitude on a particular caste of persons. If the libertarian and egalitarian rules of decision are both plausible readings of the amendment, it is because each stresses one undeniable aspect of the paradigmatic case. Th Court may invalidate laws that impose servitude only on individuals, as it said it was doing in Bailey, and Congress may outlaw practices that stigmatize, but do no more than stigmatize, traditionally subjugated groups, as in Jones. But if either of these cases were paradigmatic of the amendment reaches far enough to forbid either of these injuries standing alone, a fortiori it forbids practices that inflict both of them at once. Compulsory pregnancy is such a practice."

"At the end of the Civil War slavery was for the first time authorized by the US Constitution in the 13th Amendment, which authorized the government to treat convicts as slaves. So the newly “freed” Blacks were simply targeted with criminal prosecutions and then placed right back into bondage to serve as contract laborers, on chain gangs, and on prison plantations."

"From the outset, the Amendment has been interpreted by this Court to apply to all persons without regard to race or class, and to guarantee universal freedom in the United States.... It is the purpose of this brief to show that anti-abortion laws, which force an unwillingly pregnant woman to continue pregnancy to term, are a form of involuntary servitude without the justification of serving any current national or public need."

"The women who bear children and the medical experts who assist them testify that pregnancy and childbearing are indeed labor. The fact that many women enter into such labor voluntarily and joyfully does not alter the fact that other women, under other circumstances, find childbearing too arduous, become pregnant through no choice of their own, and are then forced to complete the pregnancy to term by compulsion of state laws prohibiting voluntary abortion. It is the purpose of the Thirteenth Amendment to prohibit a relationship in which one person or entity limits the freedom of another person. In the absence of a compelling state interest or due conviction for a crime, the state’s forcing the pregnant woman through unwanted pregnancy to full term is a denial of her Thirteenth Amendment right to be free from “a condition of enforced compulsory service of one to another.” This is the very essence of involuntary servitude in which the personal service of one person is “disposed of or coerced for another’s benefit.”"

"The idea of self-ownership is inextricably linked with our society’s ideals of individual worth and dignity To give control of even part of my body to someone else is to treat me as property, as as thing rather than a person. The right not to have one’s body controlled by others is inalienable, for two reasons: first, because agreements to abandon one’s freedom are likely to be made in coercive circumstances in which consent is illusory, and second, because to enforce such agreements tends to place the state’s imprimatur on relations of caste domination and subjection. All of these concerns are applicable to women with unwanted pregnancies, whose “consent” to their condition is usually equally illusory. Laws against abortion define women as a servant caste and enforce that definition with criminal sanctions. This is the same kind of injury that antebellum slavery inflicted on blacks, and it therefore violates women’s thirteenth amendment rights."

"Most of the jurisprudence surrounding the thirteenth amendment concerns Congress’ power under the second section, but this essay will focus on the first, which is self-executing. Although primarily directed against the slavery of the antebellum South, the amendment is broader in scope, as the Court held when it first considered the amendment in the Slaughter House Cases: Undoubtedly while negro slavery alone was in the mind of the Congress which proposed the thirteenth article, it any other kind of slavery, now or hereafter If Mexican peonage or the Chinese coolie labor system shall develop slavery of the Mexican or Chinese race within our territory, this amendment may safely be trusted to make it void. The Court also said that “the word servitude is or larger meaning than slavery, as the latter is popularly understood in this country . . . . It was very well understood that . . . the purpose of the article might have been evaded, if only the word slavery had been used.” Later cases explain more specifically what “involuntary servitude” encompassed: “the control of the labor and services of one man for the benefit of another, and the absence of a legal right to the disposal of his own person, property and “services”; “a condition of enforced compulsory service of one to another,” ”that control by which the personal service of one man is disposed of or coerced for another’s benefit which is the essence of involuntary servitude.”"

"The proposition that the several States have no greater power to restrain the individual freedoms protected by the First Amendment than does Congress is firmly embedded in constitutional jurisprudence. The First Amendment was adopted to curtail Congress' power to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience, and the Fourteenth Amendment imposed the same substantive limitations on the States' power to legislate. The individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. Moreover, the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all."

"The First Amendment ... gives no one the right to insist that, in pursuit of their own interests others must conform their conduct to his own religious necessities"

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a "false" idea."

"Discussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. The First Amendment affords the broadest protection to such political expression in order "to assure [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people." Roth v. United States, 354 U. S. 476, 354 U. S. 484 (1957). Although First Amendment protections are not confined to "the exposition of ideas," Winters v. New York, 333 U. S. 507, 333 U. S. 510 (1948), "there is practically universal agreement that a major purpose of that Amendment was to protect the free discussion of governmental affairs, . . . of course includ[ing] discussions of candidates. . . ." Mills v. Alabama, 384 U. S. 214, 384 U. S. 218 (1966). This no more than reflects our "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open," New York Times Co. v. Sullivan, 376 U. S. 254, 376 U. S. 270 (1964). In a republic where the people are sovereign, the ability of the citizenry to make informed choices among candidates for office is essential, for the identities of those who are elected will inevitably shape the course that we follow as a nation. As the Court observed in Monitor Patriot Co. v. Roy, 401 U. S. 265, 401 U. S. 272 (1971), "it can hardly be doubted that the constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office." The First Amendment protects political association as well as political expression. The constitutional right of association explicated in NAACP v. Alabama, 357 U. S. 449, 357 U. S. 460 (1958), stemmed from the Court's recognition that "[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association." Subsequent decisions have made clear that the First and Fourteenth Amendments guarantee "freedom to associate with others for the common advancement of political beliefs and ideas,'" a freedom that encompasses "`[t]he right to associate with the political party of one's choice.'" Kusper v. Pontikes, 414 U. S. 51, 414 U. S. 56, 414 U. S. 57 (1973), quoted in Cousins v. Wigoda, 419 U. S. 477, 419 U. S. 487 (1975)."

"Under the First Amendment there is no such thing as a false idea … (it) requires that we protect some falsehood in order to protect speech that matters."

"In short, the First Amendment does not "belong" to any definable category of persons or entities: it belongs to all who exercise its freedoms."

"If there is a bedrock principle of the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

"This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile."

"An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment."

"The central problem with Chicago's ordinance is that it describes permissible picketing in terms of its subject matter. Peaceful picketing on the subject of a school's labor-management dispute is permitted, but all other peaceful picketing is prohibited. The operative distinction is the message on a picket sign. But, above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. [Citations.] To permit the continued building of our politics and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship. The essence of this forbidden censorship is content control. Any restriction on expressive activity because of its content would completely undercut the '"profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan, supra, at 376 U. S. 270."

"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people."

"Under our system, the choice has been made that government is to be entirely excluded from the area of religious instruction, and churches excluded from the affairs of government. The Constitution decrees that religion must be a private matter for the individual, the family, and the institutions of private choice, and that, while some involvement and entanglement are inevitable, lines must be drawn."

"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."

"Without debate, without criticism, no Administration and no country can succeed--and no republic can survive. [...] And that is why our press was protected by the First Amendment-- the only business in America specifically protected by the Constitution- -not primarily to amuse and entertain, not to emphasize the trivial and the sentimental, not to simply "give the public what it wants"--but to inform, to arouse, to reflect, to state our dangers and our opportunities, to indicate our crises and our choices, to lead, mold, educate and sometimes even anger public opinion. This means greater coverage and analysis of international news--for it is no longer far away and foreign but close at hand and local. It means greater attention to improved understanding of the news as well as improved transmission. And it means, finally, that government at all levels, must meet its obligation to provide you with the fullest possible information outside the narrowest limits of national security [...]."