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Felix Frankfurter

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It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution.
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Writing for the court, Milk Wagon Drivers Union of Chicago, Local 753. v. Meadowmoor Dairies, Inc., 312 U.S. 287 (1941).

 
Felix Frankfurter

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One speaks of dictators ruling by "force". But what has enabled dictatorial governments to possess force? The only means by which a man can become a dictator is by getting at the public mind. The politician does not become dictator by the strength of his own muscles. He must persuade others, millions of others, to use their muscles in a certain way.
The German National Socialists began as a party of ten persons. And it would have remained a party of ten persons had not its promoters been able to persuade — not force — others. Ten persons had no force as against the power of the German nation. The potential power of that party of ten persons consisted simply in its potential power to reach the public mind. Without that popular appeal it could never have come into being. And if, and when, it loses that popular appeal, it will cease to be.

 
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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.
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