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Charles Evans Hughes -
Liberty
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While democracy must have its organizations and controls, its vital breath is individual liberty.
Charles Evans Hughes
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The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. … the press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.
Charles Evans Hughes
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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.
Charles Evans Hughes
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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.
Charles Evans Hughes
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It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.
Charles Evans Hughes
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We still proclam the old ideals of liberty but we cannot voice them without anxiety in our hearts. The question is no longer one of establishing democratic institutions but of preserving them. … The arch enemies of society are those who know better but by indirection, misstatement, understatement, and slander, seek to accomplish their concealed purposes or to gain profit of some sort by misleading the public. The antidote for these poisons must be found in the sincere and courageous efforts of those who would preserve their cherished freedom by a wise and responsible use of it. Freedom of expression gives the essential democratic oppurtunity, but self-restraint is the essential civic discipline.
Charles Evans Hughes
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It is the essence of the institutions of liberty that it be recognized that guilt is personal and cannot be attributed to the holding of opinions or to mere intent in the absence of overt acts.
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.
Charles Evans Hughes
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Selfishness and demagoguery take advantage of liberty. The selfish hand constantly seeks to control government, and every increase of governmental power, even to meet just needs, furnishes opportunity for abuse and stimulates the effort to bend it to improper uses.
Charles Evans Hughes
Quote of the day
Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Charles Evans Hughes
Creative Commons
Born:
April 11, 1862
Died:
August 27, 1948
(aged 86)
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