A person may be convicted for making a speech or for pamphleteering if a judge rules ex post facto that the speaker or publisher created a ‘clear and present danger’ that his forbidden or revolutionary thesis would be accepted by a least some of the audience.

The First Amendment was designed so as to permit a flowering of man and his idiosyncracies, but we have greatly diluted it. Although the Amendment says that Congress shall make ‘no law’ abridging freedom of speech and press, this has been construed to mean that Congress may make ‘some laws’ that abridge that freedom.

But the fact that communists may have provoked some of the present dissent in the United States is not, as some would have it, the end of the matter. The voices are not communist, for those in rebellion see communism as an even more vicious form of a status quo. The merits must be voted up or voted down.

At the international level we have become virtually paranoid. The world is filled with dangerous people. Every troublemaker across the globe is a communist. Our obsession is in part the product of a fear generated by Joseph McCarthy. Indeed a black silence of fear possesses the nation and is causing us to jettison some of our libertarian traditions.

The continuing episodes of protest and dissent in the United States have their basis in the First Amendment to the Constitution, a great safety valve that is lacking in most other nations of the world. The First Amendment creates a sanctuary around the citizen’s beliefs. His ideas, his conscience, his convictions are his own concern, not the government’s.

Go Premium

Support Quotewise while enjoying an ad-free experience and premium features.

View Plans
The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.

I've often thought that if our zoning boards could be put in charge of botanists, of zoologists and geologists, and people who know about the earth, we would have much more wisdom in such planning than we have when we leave it to the engineers.