Judges From The United States

"The hardest thing I ever did was keep my temper at that time."

"In fact, most of what people ordinarily mean when they talk about the 'red scare', the House Un-American Activities Committee; anti-Communist probes into Hollywood, labor unions, and America's schools and universities; the Rosenberg trial; blacklisting in the media and schoolteachers fired for disloyalty, had nothing to do with McCarthy and he had nothing to do with them (although when asked, he generally approved of them, as most other Americans did). McCarthy's own committee in the Senate, the , which he chaired for less than two years, had a specific duty to investigate communism in the federal government and among government employees. It had done so before he became chairman, and it did so after he left, under Senator John McClellan and Bobby Kennedy. The men and women McCarthy targeted, rightly or wrongly, as Communists or Communist sympathizers all shared that single characteristic: they were federal employees and public servants, and therefore, McCarthy and his supporters argued, they ought be held accountable to a higher standard than other American citizens. That fact tends to get lost when historians dwell exclusively on the stories of harassment, professional disgrace, and other indignities suffered as a result of McCarthy's and other anti-Communist investigations."

"Sad is a fake word for me to be using, I am still angry that their reason for disagreeing with McCarthy was too often his crude methods. . . . Many of the anti-Communists were, of course, honest men. But none of them . . . has stepped forward to admit a mistake. It is not necessary in this country; they too know that we are a people who do not remember much."

"Radicalism or anti-radicalism should have had nothing to do with the sly, miserable methods of McCarthy, Nixon and colleagues, as they flailed at Communists, near-Communists, and nowhere-near Communists. Lives were being ruined and few hands were raised in help. Since when do you have to agree with people to defend them from injustice?"

"When public men indulge themselves in abuse, when they deny others a fair trial, when they resort to innuendo and insinuation, to libel, scandal, and suspicion, then our democratic society is outraged, and democracy is baffled. It has no apparatus to deal with the boor, the liar, the lout, and the antidemocrat in general."

"The junior senator from Wisconsin, by his reckless charges, has so preyed upon the fears and hatreds and prejudices of the American people that he has started a prairie fire which neither he nor anyone else may be able to control."

"I will not get in the gutter with that guy."

"Nothing would probably please him more than to get the publicity that would be generated by a public repudiation by the President."

"Democracy has so disappeared in the United States that there are some subjects that cannot even be discussed. The essence of the democratic process is free discussion. There was a time, when men were not allowed to talk of universal suffrage, education for women, or freedom for Negro slaves. Today communism is the dirty word and socialism is suspect. ... In this state, and in our time, occurred one of the worst blows to the democratic process which our nation has suffered. Senator McCarthy succeeded in making America afraid to discuss socialism."

"When the wind is right, a faint odor of kerosene is exhaled from Senator McCarthy."

"The Western Right, on the other hand, did struggle to condemn Soviet crimes, but sometimes using methods that harmed their own cause. Surely the man who did the greatest damage to anti-communism was the American Senator Joe McCarthy. Recent documents showing that some of his accusations were correct do not change the impact of his overzealous pursuit of communists in American public life: ultimately, his public "trials" of communist sympathizers would tarnish the cause of anti-communism with the brush of chauvinism and intolerance. In the end, his actions served the cause of neutral historical inquiry no better than those of his opponents."

"I have here in my hand a list of 205 that were made known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping policy in the State Department."

"Good evening. Mr. Edward R. Murrow, Educational Director of the Columbia Broadcasting System, devoted his program to an attack on the work of the United States Senate Investigating Committee, and on me personally as its chairman, and over the past four years he has made repeated attacks upon me and those fighting Communists... Now, ordinarily--I would not take time out from the important work at hand to answer Murrow. However, in this case, I feel justified in doing so because Murrow is a symbol, a leader and the cleverest of the jackal pack which is always found at the throat of anyone who dares to expose individual Communists and traitors."

"Any man who has been given the honor of being promoted to general and who says, "I will protect another general who protects Communists," is not fit to wear that uniform, general."

"As you know, very recently the secretary of state proclaimed his loyalty to a man guilty of what has always been considered as the most abominable of all crimes — of being a traitor to the people who gave him a position of great trust. The secretary of state, in attempting to justify his continued devotion to the man who sold out the Christian world to the atheistic world, referred to Christ's Sermon on the Mount as a justification and reason therefore, and the reaction of the American people to this would have made the heart of Abraham Lincoln happy. When this pompous diplomat in ugly pants, with a phony British accent, proclaimed to the American people that Christ on the Mount endorsed communism, high treason, and betrayal of a sacred trust, the blasphemy was so great that it awakened the dormant indignation of the American people. He has lighted the spark which is resulting in a moral uprising and will end only when the whole sorry mess of twisted warped thinkers are swept from the national ugly so ugly that we may have a new birth of national honesty and decency in government."

"Today we are engaged in a final, all-out battle between communistic atheism and Christianity. The modern champions of communism have selected this as the time, and ladies and gentlemen, the chips are down — they are truly down."

"Not only in Britain but also in the USA the communists were as distant as ever from power and influence. But not every anti-communist was willing to do things on the quiet. Joe McCarthy, the rough-tongued Senator for Wisconsin, made his case inside and outside the Senate and avowed that communism was sucking the lifeblood of American public life. He dug up evidence – and sometimes invented it – that Moscow had secret collaborators everywhere. He appeared live on television brandishing his lists of communists and their supporters. Those whom he identified as subversives were required to ‘name names’ of communist friends or face professional ruin. McCarthy concentrated his fire on filmmaking and other sectors of the media. Often his accusations were ill founded but he succeeded in creating an atmosphere of suspicion which pervaded American public life. The playwright Arthur Miller refused to submit to the Senator for Wisconsin. Instead he drafted The Crucible, a play about the witch-hunt craze in seventeenth-century New England, which was an obvious allegory of hysteria and persecution. McCarthy’s own activities came under scrutiny after he was accused of seeking illegal favours for his protégés. The Senate held a debate on him and by a large majority ruled that he had abused his power. McCarthy died in ignominy in 1957. Yet his impact was enormous and permanent. No longer did the left-wing American press give gentle treatment to Marxism as had been the case before the Second World War. Words like communism and socialism – and eventually even liberalism – became widely pejorative. Mainstream political discourse in the USA underwent a drastic constriction. Sympathy for communism, where it survived outside the Communist Party of the USA, was usually confined to individual writers or students' political groups; it impinged little on popular opinion."

"The mingling of object and image in collage, of given fact and conscious artifice, corresponds to the illusion-producing processes of contemporary civilization. In advertisements, news stories, films, and political campaigns, lumps of unassailable data are implanted in preconceived formats in order to make the entire fabrication credible. Documents waved at hearings by Joseph McCarthy to substantiate his fictive accusations were a version of collage, as is the corpse of Lenin, inserted by Stalin into the Moscow mausoleum to authenticate his own contrived ideology. Twentieth-century fictions are rarely made up of the whole cloth, perhaps because the public has been trained to have faith in "information." Collage is the primary formula of the aesthetics of mystification developed in our time."

"We cannot speak unequivocally for the long future. But we can have faith. And our faith is strong that long after Senator Eastland and his present subcommittee are gone, long after segregation has lost its final battle in the South, long after all that was known as McCarthyism is a dim, unwelcome memory, long after the last Congressional committee has learned that it cannot tamper successfully with a free press, The New York Times will be speaking for the men who make it, and only for the men who make it, and speaking, without fear or favor, the truth as it sees it."

"It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to speak, to associate and to defend causes that were, for the moment, unpopular. This is no time for men who oppose Senator McCarthy's methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn't create this situation of fear; he merely exploited it — and rather successfully. Cassius was right. "The fault, dear Brutus, is not in our stars, but in ourselves." Good night, and good luck."

"Hoover knew that Joe wasn't the best guy in the world to be doing this job. We all did ... But his attitude was, "Thank God somebody's doing it." They were fighting the same enemy, you know."

"Sex, a great and mysterious motive force in human life, has indisputably been a subject of absorbing interest to mankind through the ages."

"The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs."

"More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power."

"Our Nation has had a long and unfortunate history of sex discrimination, rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women, not on a pedestal, but in a cage."

"If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted government intrusion into matters so fundamentally affecting a person as the decision whether to bear or begat a child."

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. "The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools." Shelton v. Tucker, supra at 364 U. S. 487. The classroom is peculiarly the "marketplace of ideas." The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth "out of a multitude of tongues, [rather] than through any kind of authoritative selection." United States v. Associated Press, 52 F. Supp. 362, 372. In Sweezy v. New Hampshire, 354 U. S. 234, 354 U. S. 250, we said: "The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.""

"We consider this case against the background of 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."

"Justices William Brennan and Thurgood Marshall were the last of the Court's liberals."

"Brennan helped expand civil rights and liberties for all Americans. He supported abortion rights, opposed the death penalty, and provided new protections for freedom of the press. For example, in New York Times v. Sullivan (1964), Brennan established the "actual malice" standard, in which news outlets were protected from charges of libel as long as what they wrote was not deliberately false."

"If our free society is to endure, and I know it will, those who govern must recognize that the Framers of the Constitution limited their power in order to preserve human dignity and the air of freedom which is our proudest heritage."

"The machinery chugs on unabated, belching out its dehumanizing product. It is distressing. But I refuse to despair. I know, one day, the Supreme Court will outlaw the death penalty. Permanently."

"Yet the ultimate problem is more fundamental. I have long believed that the death penalty is in all circumstances a barbaric and inhuman punishment that violates our Constitution. Even the most vile murderer does not release the state from its constitutional obligation to respect human dignity, for the state does not honor the victim by emulating the murderer who took his life. The fatal infirmity of capital punishment is that it treats members of the human race as non-humans, as objects to be toyed with and discarded."

"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."

"The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law."

"No doubt, there are those who believe that judges-and particularly dissenting judges-write to hear themselves say, as it were, I I I. And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions."

""The framers discerned fundamental principles.... But our acceptance of the fundamental principles has not and should not bind us to those precise, at times anachronistic, contours. We current justices read the Constitution in the only way that we can: as 20th-century Americans... The ultimate question must be, what do the words of the text mean in our time? For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs. What the constitutional fundamentals meant to the wisdom of other times cannot be their measure to the vision of our time. Similarly, what those fundamentals mean for us, our descendants will learn, cannot be their measure to the vision of their time."

"Gentlemen, to the lady without whom I should never have survived for eighty, nor sixty, nor yet thirty years. Her smile has been my lyric, her understanding, the rhythm of the stanza. She has been the spring wherefrom I have drawn the power to write the words. She is the poem of my life."

"An aristocrat in morals as in mind."

"America is not broke. The very wealthy and hugely profitable corporations just aren't paying the taxes that, in the words of Supreme Court Justice Oliver Wendell Holmes more than a century ago, "are the price we pay for a civilized society.""

"Holmes was exacting in construing a statute and latitudinarian in construing powers under the Constitution. He often said that there was nothing in the Constitution that prevented the country from going to hell if it chose to. But once a statute was clearly constitutional and it became a matter of construing it, Holmes put on his most scrupulous spectacles."

"While a judge of the Supreme Judicial Court of Massachusetts, when he found the long-winded speeches of the lawyers especially trying, he advised them gravely to take a course of reading risque books, that they might learn to say things by innuendo."

"Every now and then a man's mind is stretched by a new idea or sensation, and never shrinks back to its former dimensions."

"The young man knows the rules, but the old man knows the exceptions."

"Keep government poor and remain free."

"Your right to swing your arms ends just where the other man's nose begins."

"Old age is always fifteen years older than I am."

"A man's mind stretched to a new idea never goes back to its original dimensions."

"There is no friend like an old friend who has shared our morning days, no greeting like his welcome, no homage like his praise."

"A child's education should begin at least one hundred years before he was born."