The court is the least abstract of institutions. It is nine men, nine very human men, participating in a process that can be impressive or disturbing… - Anthony Lewis

The conflict about the meaning of free speech went on through the 1920s, Holmes and Brandeis persisting in their view and expressing it in strongly worded dissents. In one sense it was a curious performance by the two of them, for each had a deep commitment to the Supreme Court as an institution and thought that division among the justices should be avoided when possible.

I am an optimist about America. But how can I maintain that optimism after Vietnam, after the murder of so many who fought for civil rights, after the Red scare and after the abusive tactics planned by government today? I can because we have regretted our mistakes in the past, relearning every time that no ruler can be trusted with arbitrary power. And I believe we will again.… But after all, this has always been a country of unbounded optimism, a country that struggles with itself and conquers corrupting habit.… In the end I believe that faith in reason will prevail. But it will not happen automatically. Freedom under law is hard work. If rulers cannot be trusted with arbitrary power, it is up to citizens to raise their voices at injustice.

Five more times in the succeeding pages of his penciled petition Gideon spoke of the right to counsel. To try a poor man for a felony without giving him a lawyer, he said, was to deprive him of the due process of law.