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Louis Brandeis

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Those who won our independence believed that the final end of the state was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.
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Concurring, Whitney v. California, 274 U.S. 357 (1927), at 375. In this case, in which the Court upheld a California anti-Communist statute, Brandeis, writing in a concurrence joined by Justice Oliver Wendell Holmes, Jr., concurred in the judgment but not in the reasoning. Whitney was later overruled (with the later Court adopting Brandeis's reasoning) in Brandenburg v. Ohio, 395 U.S. 444 (1969).

 
Louis Brandeis

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Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

 
Louis Brandeis
 

"The only freedom which counts is the freedom to do what some other people think to be wrong. There is no point in demanding freedom to do that which all will applaud. All the so-called liberties or rights are things which have to be asserted against others; who claim that if such things are to be allowed, their own rights are infringed or their own liberties threatened. This is always true, even when we speak of the freedom to worship, of the right of free speech or association, or of public assembly. If we are to allow freedoms at all there will constantly be complaints that either the liberty itself or the way in which it is exercised is being abused, and, if it is a genuine freedom, these complaints will often be justified. There is no way of having a free society in which there is not abuse. Abuse is the very hallmark of liberty."

 
Quintin Hogg
 

What has Anarchism to say to all this, this bankruptcy of republicanism, this modern empire that has grown up on the ruins of our early freedom? We say this, that the sin our fathers sinned was that they did not trust liberty wholly. They thought it possible to compromise between liberty and government, believing the latter to be "a necessary evil," and the moment the compromise was made, the whole misbegotten monster of our present tyranny began to grow. Instruments which are set up to safeguard rights become the very whip with which the free are struck.
Anarchism says, Make no laws whatever concerning speech, and speech will be free; so soon as you make a declaration on paper that speech shall be free, you will have a hundred lawyers proving that "freedom does not mean abuse, nor liberty license"; and they will define and define freedom out of existence. Let the guarantee of free speech be in every man's determination to use it, and we shall have no need of paper declarations. On the other hand, so long as the people do not care to exercise their freedom, those who wish to tyrannize will do so; for tyrants are active and ardent, and will devote themselves in the name of any number of gods, religious and otherwise, to put shackles upon sleeping men.

 
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Liberty and good government do not exclude each other; and there are excellent reasons why they should go together. Liberty is not a means to a higher political end. It is itself the highest political end. It is not for the sake of a good public administration that it is required, but for security in the pursuit of the highest objects of civil society, and of private life. Increase of freedom in the State may sometimes promote mediocrity, and give vitality to prejudice; it may even retard useful legislation, diminish the capacity for war, and restrict the boundaries of Empire.

 
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Certainly the Government of the United States is a limited government, and so is every State government a limited government. With us this idea of limitation spreads through every form of administration — general, State, and municipal — and rests on the great distinguishing principle of the recognition of the rights of man. The ancient republics absorbed the individual in the state — prescribed his religion and controlled his activity. The American system rests on the assertion of the equal right of every man to life, liberty, and the pursuit of happiness, to freedom of conscience, to the culture and exercise of all his faculties. As a consequence the State government is limited — as to the General Government in the interest of union, as to the individual citizen in the interest of freedom.

 
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