The Hammock Papers: Supreme Court

Showing posts with label Supreme Court. Show all posts

26 April 2025

Alert.

Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.

Supreme Court Justice Louis Brandeis, from Olmstead v. U.S. (1928)

14 March 2023

More.

If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

U.S. Supreme Court Justice Louis D. Brandeis, Whitney v. California, 274 U. S. 357 (1927)

11 March 2023

Heart.

[F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.

Supreme Court Justice Robert H. Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

25 January 2023

Find.

Once the government can demand of a publisher the names of the purchasers of his publications, the free press as we know it disappears. Then the spectre of a government agent will look over the shoulder of everyone who reads. The purchase of a book or pamphlet today may result in a subpoena tomorrow. Fear of criticism goes with every person into the bookstall. The subtle, imponderable pressures of the orthodox lay hold. Some will fear to read what is unpopular, what the powers-that-be dislike. When the light of publicity may reach any student, any teacher, inquiry will be discouraged. The books and pamphlets that are critical of the administration, that preach an unpopular policy in domestic or foreign affairs, that are in disrepute in the orthodox school of thought will be suspect and subject to investigation. The press and its readers will pay a heavy price in harassment. But that will be minor in comparison with the menace of [345 U.S. 41, 58] the shadow which government will cast over literature that does not follow the dominant party line. If the lady from Toledo can be required to disclose what she read yesterday and what she will read tomorrow, fear will take the place of freedom in the libraries, book stores, and homes of the land. Through the harassment of hearings, investigations, reports, and subpoenas, government will hold a club over speech and over the press.

U.S. Supreme Court Justice William O. Douglas, UNITED STATES v. RUMELY, 345 U.S. 41 (1953)

Just read and keep reading.

BARRY HINES

"That's why it makes me mad when I take her out and I'll hear somebody say, 'Look, there's Billy Casper there wi' his pet hawk. I could shout at 'em; it's not a pet, Sir, hawks are not pets. Or when folks stop me and say, 'Is it tame?' Is it heck tame, it's trained that's all. It's fierce, and it's wild, an' it's not bothered about anybody, not even about me, right. And that's why it's great.Look, there's Billy Casper there wi' his pet hawk.' I could shout at 'em. It's not a pet, Sir. Hawks are not pets. Or when folks stop me and say, 'Is it tame?' Is it heck tame, it's trained, that's all. It's fierce, and it's wild, an' it's not bothered about anybody, not even about me right. And that's why it's great." (A Kestrel for a Knave)

WOLFGANG AMADEUS MOZART

"When I am, as it were, completely myself, entirely alone and of good cheer – say travelling in a carriage or walking after a good meal, or during the night when I cannot sleep – it is on such occasions that my ideas flow best and most abundantly. Whence, and how, they come I know not ; nor can I force them. Those ideas that please me I retain in memory and am accustomed, as I have been told, to hum them to myself. If I continue in this way, it soon occurs to me how I may turn this dainty morsel to account, so as to make a good dish of it. That is to say, agreeable to the rules of counterpoint, to the peculiarities of various instruments etc. All this fires my soul, and, provided I am not disturbed, my subject enlarges itself, becomes methodised, and defined, and the whole, though it be long, stands almost complete and finished in my mind, so that I can survey it like a fine picture or a beautiful statue at a glance. Nor do I hear in my imagination the parts successively, but I hear them, as it were, all at once. What a delight this is, I cannot tell."

WALT WHITMAN

The spotted hawk swoops by and accuses me, he complains of my gab and my loitering. I too am not a bit tamed, I too am untranslatable, I sound my barbaric yawp over the roofs of the world. The last scud of day holds back for me, It flings my likeness after the rest and true as any on the shadow’d wilds, It coaxes me to the vapor and the dusk. I depart as air, I shake my white locks at the runaway sun, I effuse my flesh in eddies, and drift it in lacy jags. I bequeath myself to the dirt to grow from the grass I love, If you want me again look for me under your boot-soles. You will hardly know who I am or what I mean, But I shall be good health to you nevertheless, And filter and fibre your blood. Failing to fetch me at first keep encouraged, Missing me one place search another, I stop somewhere waiting for you.

MARCUS AURELIUS

"Is your cucumber bitter? Throw it away. Are there briars in your path? Turn aside. That is enough. Do not go on and say, 'Why were things of this sort ever brought into this world?' neither intolerable nor everlasting - if thou bearest in mind that it has its limits, and if thou addest nothing to it in imagination. Pain is either an evil to the body (then let the body say what it thinks of it!)-or to the soul. But it is in the power of the soul to maintain its own serenity and tranquility."

VINCENT van GOGH

"What am I in the eyes of most people? A nonentity or an oddity or a disagreeable person — someone who has and will have no position in society, in short a little lower than the lowest. Very well — assuming that everything is indeed like that, then through my work I’d like to show what there is in the heart of such an oddity, such a nobody. This is my ambition, which is based less on resentment than on love in spite of everything, based more on a feeling of serenity than on passion. Even though I’m often in a mess, inside me there’s still a calm, pure harmony and music. In the poorest little house, in the filthiest corner, I see paintings or drawings. And my mind turns in that direction as if with an irresistible urge. As time passes, other things are increasingly excluded, and the more they are the faster my eyes see the picturesque. Art demands persistent work, work in spite of everything, and unceasing observation."

DAN CAMPBELL