We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property… - Charles Evans Hughes

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We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.

English
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About Charles Evans Hughes

Charles Evans Hughes (11 April 1862 – 27 August 1948) was a Republican politician and jurist who served as Governor of New York, United States Secretary of State, Associate Justice and Chief Justice of the United States.

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Also Known As

Alternative Names: Chas. E. Hughes Charles Hughes Governor Hughes Charles Evans Hughes Sr. Charles E. Hughes
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I think that it is a fallacy to suppose that helpful cooperation in the future will be assured by the attempted compulsion of an inflexible rule. Rather will such cooperation depend upon the fostering of firm friendships springing from an appreciation of community ideals, interests, and purposes, and such friendships are more likely to be promoted by freedom of conference than by the effort to create hard and fast engagements.

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But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.

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