People From Newark

""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."

"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."

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

"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."

"At times he regarded the wounded soldiers in an envious way. He conceived persons with torn bodies to be peculiarly happy. He wished that he, too, had a wound, a red badge of courage."

"The line, broken into moving fragments by the ground, went calmly on through fields and woods. The youth looked at the men nearest him, and saw, for the most part, expressions of deep interest, as if they were investigating something that had fascinated them. One or two stepped with overvaliant airs as if they were already plunged into war. Others walked as upon thin ice. The greater part of the untested men appeared quiet and absorbed. They were going to look at war, the red animal — war, the blood-swollen god. And they were deeply engrossed in this march."

"The cold passed reluctantly from the earth, and the retiring fogs revealed an army stretched out on the hills, resting. As the landscape changed from brown to green, the army awakened, and began to tremble with eagerness at the noise of rumors."

"When it came night, the white waves paced to and fro in the moonlight, and the wind brought the sound of the great sea's voice to the men on shore, and they felt that they could then be interpreters."

"When it occurs to a man that nature does not regard him as important, and that she feels she would not maim the universe by disposing of him, he at first wishes to throw bricks at the temple, and he hates deeply the fact that there are no bricks and no temples. Any visible expression of nature would surely be pelleted with his jeers. Then, if there be no tangible thing to hoot he feels, perhaps, the desire to confront a personification and indulge in pleas, bowed to one knee, and with hands supplicant, saying: "Yes, but I love myself." A high cold star on a winter's night is the word he feels that she says to him. Thereafter he knows the pathos of his situation."

"If I am going to be drowned — if I am going to be drowned — if I am going to be drowned, why, in the name of the seven mad gods, who rule the sea, was I allowed to come thus far and contemplate sand and trees?"

"When one exchanged the rowing-seat for a place in the bottom of the boat, he suffered a bodily depression that caused him to be careless of everything save an obligation to wiggle one finger. There was cold sea-water swashing to and fro in the boat, and he lay in it. His head, pillowed on a thwart, was within an inch of the swirl of a wave crest, and sometimes a particularly obstreperous sea came in-board and drenched him once more. But these matters did not annoy him. It is almost certain that if the boat had capsized he would have tumbled comfortably out upon the ocean as if he felt sure it was a great soft mattress."

"It would be difficult to describe the subtle brotherhood of men that was here established on the seas. No one said that it was so. No one mentioned it. But it dwelt in the boat, and each man felt it warm him. They were a captain, an oiler, a cook, and a correspondent, and they were friends, friends in a more curiously iron-bound degree than may be common. The hurt captain, lying against the water-jar in the bow, spoke always in a low voice and calmly, but he could never command a more ready and swiftly obedient crew than the motley three of the dingey. It was more than a mere recognition of what was best for the common safety. There was surely in it a quality that was personal and heartfelt. And after this devotion to the commander of the boat there was this comradeship that the correspondent, for instance, who had been taught to be cynical of men, knew even at the time was the best experience of his life. But no one said that it was so. No one mentioned it."

"A singular disadvantage of the sea lies in the fact that after successfully surmounting one wave you discover that there is another behind it just as important and just as nervously anxious to do something effective in the way of swamping boats."

"None of them knew the color of the sky. Their eyes glanced level, and were fastened upon the waves that swept toward them. These waves were of the hue of slate, save for the tops, which were of foaming white, and all of the men knew the colors of the sea. The horizon narrowed and widened, and dipped and rose, and at all times its edge was jagged with waves that seemed thrust up in points like rocks."

"The word is clear only to the kind who on peak or plain, from dark northern ice-fields to the hot wet jungles, through all wine and want, through lies and unfamiliar truth, dark or light, are governed by the unknown gods, and though each man knows the law, no man may give tongue to it."

"Unwind my riddle. Cruel as hawks the hours fly; Wounded men seldom come home to die; The hard waves see an arm flung high; Scorn hits strong because of a lie; Yet there exists a mystic tie. Unwind my riddle."

"This young man has the power to feel. He knows nothing of war, yet he is drenched in blood. Most beginners who deal with this subject spatter themselves merely with ink."

"You cannot choose your battlefield, God does that for you; But you can plant a standard Where a standard never flew."

"A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation.""

"The wayfarer, Perceiving the pathway to truth, Was struck with astonishment. It was thickly grown with weeds. "Ha," he said, "I see that none has passed here In a long time." Later he saw that each weed Was a singular knife. "Well," he mumbled at last, "Doubtless there are other roads.""

"Swift blazing flag of the regiment, Eagle with crest of red and gold, These men were born to drill and die. Point for them the virtue of slaughter, Make plain to them the excellence of killing And a field where a thousand corpses lie."

"Do not weep, babe, for war is kind. Because your father tumbled in the yellow trenches, Raged at his breast, gulped and died, Do not weep. War is kind."

"Hoarse, booming drums of the regiment, Little souls who thirst for fight, These men were born to drill and die. The unexplained glory flies above them, Great is the battle-god, great, and his kingdom — A field where a thousand corpses lie."

"Do not weep, maiden, for war is kind. Because your lover threw wild hands toward the sky And the affrighted steed ran on alone, Do not weep. War is kind."

"Many red devils ran from my heart And out upon the page, They were so tiny The pen could mash them. And many struggled in the ink. It was strange To write in this red muck Of things from my heart."

""Truth," said a traveller, "Is a rock, a mighty fortress; "Often have I been to it, "Even to its highest tower, "From whence the world looks black.""Truth," said a traveller, "Is a breath, a wind, "A shadow, a phantom; "Long have I pursued it, "But never have I touched "The hem of its garment."And I believed the second traveller; For truth was to me A breath, a wind, A shadow, a phantom, And never had I touched The hem of its garment."

"Every sin is the result of a collaboration."

"I saw a man pursuing the horizon; Round and round they sped. I was disturbed at this; I accosted the man. "It is futile," I said, "You can never—""You lie," he cried, And ran on."

"If there is a witness to my little life, To my tiny throes and struggles, He sees a fool; And it is not fine for gods to menace fools."

"Should the wide world roll away Leaving black terror Limitless night, Nor God, nor man, nor place to stand Would be to me essential If thou and thy white arms were there And the fall to doom a long way."

"In the desert I saw a creature, naked, bestial, Who, squatting upon the ground, Held his heart in his hands, And ate of it. I said, "Is it good, friend?" "It is bitter—bitter," he answered; "But I like it Because it is bitter, And because it is my heart.""

"It rained. The procession of weary soldiers became a bedraggled train, despondent and muttering, marching with churning effort in a trough of liquid brown mud under a low, wretched sky. Yet the youth smiled, for he saw that the world was a world for him, though many discovered it to be made of oaths and walking sticks. He had rid himself of the red sickness of battle. The sultry nightmare was in the past. He had been an animal blistered and sweating in the heat and pain of war. He turned now with a lover's thirst to images of tranquil skies, fresh meadows, cool brooks — an existence of soft and eternal peace. Over the river a golden ray of sun came through the hosts of leaden rain clouds."

"He had been to touch the great death, and found that, after all, it was but the great death. He was a man."

"He had fought like a pagan who defends his religion."

"The red sun was pasted in the sky like a wafer."

"It was surprising that Nature had gone tranquilly on with her golden process in the midst of so much devilment."