Chief Justice of the Supreme Court of the United States from 1953 to 1969
Earl Warren (19 March 1891 – 9 July 1974) was an American politician and jurist who served as 30th governor of California from 1943 to 1953 and as the 14th chief justice of the U.S. Supreme Court from 1953 to 1969. The "Warren Court" presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966) and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He is the last chief justice to have served in an elected office before entering the Supreme Court, and is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.
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When an individual is taken into custody or otherwise deprived of his freedom by the authorities and is subjected to questioning . . . he must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
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I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.
Equally manifest as a fundamental principle of a democratic society is political freedom of the individual. Our form of government is built on the premise that every citizen shall have the right to engage in political expression and association. This right was enshrined in the First Amendment of the Bill of Rights. Exercise of these basic freedoms in America has traditionally been through the media of political associations. Any interference with the freedom of a party is simultaneously an interference with the freedom of its adherents. All political ideas cannot and should not be channeled into the programs of our two major parties. History has amply proved the virtue of political activity by minority, dissident groups, who innumerable times have been in the vanguard of democratic thought and whose programs were ultimately accepted. Mere unorthodoxy or dissent from the prevailing mores is not to be condemned. The absence of such voices would be a symptom of grave illness in our society.
This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.
Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is a bedrock of our political system.
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To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
A society, in the process of moving forward, often appears to be tearing itself apart. Certainly, an age of rapid change, such as ours, produces many paradoxes. But perhaps the most tragic paradox of our time is to be found in the failure of nation-states to recognize the imperatives of internationalism.
The abhorrence of society to the use of involuntary confessions does not turn alone on their inherent untrustworthiness. It also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; that, in the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves.