Lawyers From New York State

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April 10, 2026

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April 10, 2026

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"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."

- William O. Douglas

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"We have here the problem of bigness. Its lesson should by now have been burned into our memory by Brandeis. The Curse of Bigness' shows how size can become a menace – both industrial and social. It can be an industrial menace because it creates gross inequalities against existing or putative competitors. It can be a social menace – because of its control of prices. Control of prices in the steel industry is powerful leverage on our economy. For the price of steel determines the price of hundreds of other articles. Our price level determines in large measure whether we have prosperity or depression – an economy of abundance or scarcity. Size in steel should therefore be jealously watched. In final analysis, size in steel is the measure of the power of a handful of men over our economy. That power can be utilized with lightning speed. It can be benign or it can be dangerous. The philosophy of the Sherman Act is that it should not exist. For all power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized. It should be scattered into many hands so that the fortunes of the people will not be dependent on the whim or caprice, the political prejudices, the emotional stability of a few self-appointed men. The fact that they are not vicious men but respectable and social minded is irrelevant. That is the philosophy and the command of the Sherman Act. It is founded on a theory of hostility to the concentration in private hands of power so great that only a government of the people should have it."

- William O. Douglas

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"I believe in the stubbornness of civil disobedience and I'm not afraid of it. I remember one May Day demonstration. In 1971. Still wartime. We were arrested and we were in this big, sort of football field. Barbara Deming and I were walking around, arm in arm. We had been arrested together. It was very cold. Everybody was finding someone to walk very close to. Later on, one person wasn't enough, we would try to get into groups that huddled: fifteen. But at that point, Barbara and I were walking arm in arm and it was a pretty messy place, because that was the year they arrested thirteen or fourteen thousand people, just picking them up off the street, and then they didn't know what the hell to do with them. At that point we were in a football field. Later, we were put inside a stadium. And so we were walking around, arm in arm, talking to each other, and then congresspeople came in to see what was going on, and Bella Abzug came over to talk to us. She and I had always had these disagreements about the electoral work and what you can call action, direct action, and we would talk to each other about this. So she came over and she looked at me and Barbara walking arm in arm. She asked how we were. She was a congresswoman at this time. She was worried about us. We said we were all right. And then she said, "Well, I guess you're where you want to be and I'm where I want to be." And we laughed, we all laughed together. And I want to say about Bella that she was at this Women's Pentagon demonstration. She came, she walked with everybody, she didn't look for any limelight of any kind. She just sort of walked, and begged me not to get arrested. Again, she said she thought it was a waste of time. I could do more outside. But she really was just a part of the action. That's what we wanted all of our leaders to be, just a part of the women's action."

- Bella Abzug

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"I've been described as a tough and noisy woman, a prizefighter, a man-hater, you name it. They call me Battling Bella, Mother Courage and a Jewish mother with more complaints than Portnoy. There are those who say I'm impatient, impetuous, uppity, rude, profane, brash and overbearing. Whether I'm any of these things, or all of them, you can decide for yourself. But whatever I am-and this ought to be made very clear at the outset-I am a very serious woman. I am not being facetious when I say that the real enemies in this country are the Pentagon and its pals in big business. It's no joke to me that women in this country are terribly oppressed and are made to suffer economic, legal and social discrimination. I am not evoking a wild fantasy when I claim that I'm going to help organize a new political coalition of the women, the minorities and the young people, along with the poor, the elderly, the workers and the unemployed, which is going to turn this country upside down and inside out. We're going to reclaim our cities, create more jobs, better housing, better health care, more child care centers, more help for drug addicts; we're going to start doing something for the millions of people in this country whose needs, because of the callousness of the men who've been running our government, have taken a low priority to the cost of killing people in Indochina. To some people all this may sound a bit grandiose, but let me tell you something: This is the only thing we can do and still survive."

- Bella Abzug

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"Without getting scientific or psychological or historical about it, it's long been my judgment that women have been at the forefront of social change. When we first got the vote, we used it to clean up the sweat shops, to clean up the horrors of child labor, and so on. Then we got sidetracked. Instead of carrying forth Carrie Chapman Catt's notion that women should organize as a political movement, the movement became nonpartisan and followed the League of Women Voters route. So between their nonpositions and Madison Avenue's assigned stereotype of women as flowers in the home who can be sold all kinds of products to beautify themselves, and Hollywood with its awful stereotypes, women were sunk. Up until now, we've been laboring under the concept of women as appendages to men and children and subjected to constant brainwashing by Madison Avenue, Hollywood, TV-and the descendants of John Adams who know when they have a good thing going. We now see the concept changing because the women's movement, which renewed itself several years ago as an intellectual revolt of the bored middle class housewife, has grown into a broad movement seeking complete economic, social and political change in all arenas. It's like the black movement, which started out over the right to a seat in the front of the bus and then extended itself to pursue for the black people their rightful piece of the whole system. The women's movement, like the black movement and the movement of the young people, comes at a time when the system is not responding to the largest numbers of its people. This puts all these movements in a very critical perspective, because out of all this ferment the last thing we can realistically expect is for things to remain the same. (p 202)"

- Bella Abzug

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