War should be made a crime, and those who instigate it should be punished as criminals. - Charles Evans Hughes

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.

Time has shown how illusory are alliances of great powers so far as the maintenance of peace is concerned. In considering the use of international force to secure peace, we are again brought to the fundamental necessity of common accord. If the feasibility of such a force be conceded for the purpose of maintaining adjudications of legal right, this is only because such an adjudication would proceed upon principles commonly accepted, and thus forming part of international law, and upon the common agreement to respect the decision of an impartial tribunal in the application of such principles. This is a limited field where force is rarely needed and where the sanctions of public opinion and the demands of national honor are generally quite sufficient to bring about acquiescence in judicial awards. But in the field of conflicting national policies, and what are deemed essential interests, when the smoldering fires of old grievances have been fanned into a flame by a passionate sense of immediate injury, or the imagination of peoples is dominated by apprehension of present danger to national safety, or by what is believed to be an assault upon national honor, what force is to control the outbreak? Great powers agreeing among themselves may indeed hold small powers in check. But who will hold great powers in check when great powers disagree?.

The exceptional nature of its limitations places in a strong light the general conception that liberty of the press, historically considered and taken up by the Federal Constitution, has meant, principally, although not exclusively, immunity from previous restraints or censorship.