William O. Douglas Quotes

It is our attitude toward free thought and free expression that will determine our fate. There must be no limit on the range of temperate discussion, no limits on thought. No subject must be taboo. No censor must preside at our assemblies.

Common sense often makes good law.

Sunlight is the best disinfectant.

Christianity has sufficient inner strength to survive and flourish on its own. It does not need state subsidies, nor state privileges, nor state prestige. The more it obtains state support, the greater it curtails human freedom.

Man must be able to escape civilization if he is to survive. Some of his greatest needs are for refuges and retreats where he can recapture for a day or a week the primitive conditions of life.

The free state offers what a police state denies - the privacy of the home, the dignity and peace of mind of the individual.

We do not sit as a superlegislature to weigh the wisdom of legislation.

I realized that Eastern thought had somewhat more compassion for all living things. Man was a form of life that in another reincarnation might possibly be a horsefly or a bird of paradise or a deer. So a man of such a faith, looking at animals, might be looking at old friends or ancestors. In the East the wilderness has no evil connotation; it is thought of as an expression of the unity and harmony of the universe.

The day should come when all of the forms of life ... will stand before the court - the pileated woodpecker as well as the coyote and bear, the lemmings as well as the trout in the streams.

The law is not a series of calculating machines where answers come tumbling out when the right levers are pushed.

Trees have judicial standing, and probably grass too.

But our society - unlike most in the world - presupposes that freedom and liberty are in a frame of reference that makes the individual, not government, the keeper of his tastes, beliefs, and ideas; that is the philosophy of the First Amendment; and it is this article of faith that sets us apart from most nations in the world.

Only when there is a wilderness can man harmonize his inner being with the wavelengths of the earth. When the earth, its products, its creatures, become his concern, man is caught up in a cause greater than his own life and more meaningful. Only when man loses himself in an endeavor of that magnitude does he walk and live with humanity and reverence.

The Arctic has a call that is compelling. The distant mountains [of the Brooks Range in Alaska] make one want to go on and on over the next ridge and over the one beyond. The call is that of a wilderness known only to a few ... This last American wilderness must remain sacrosanct.

Common sense often makes a good law.

The association promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in any prior decisions.

Freedom of movement is the very essence of our free society
once the right to travel is curtailed, all other rights suffer.

The First Amendment, however, does not say that in every and all respects there shall be a separation of Church and State. Rathe, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependency one on the other. That is the common sense of the matter. Otherwise the state and religion would be aliens to each other.

We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet.

These unwritten amenities have been in part responsible for giving our people the feeling of independence and self-confidence, the feeling of creativity. These amenities have dignified the right of dissent and have honored the right to be nonconformists and the right to defy submissiveness. They have encouraged lives of high spirits rather than hushed, suffocating silence.

Effective self-government cannot succeed unless the people are immersed in a steady, robust, unimpeded, and uncensored flow of opinion and reporting which are continuously subjected to critique, rebuttal, and reexamination.

When man ventures into the wilderness, climbs the ridges, and sleeps in the forest, he comes in close communion with his Creator. When man pits himself against the mountain, he taps inner springs of his strength. He comes to know himself.

Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions.

The use of violence as an instrument of persuasion is therefore inviting and seems to the discontented to be the only effective protest.

The censor is always quick to justify his function in terms that are protective of society. But the First Amendment, written in terms that are absolute, deprives the States of any power to pass on the value, the propriety, or the morality of a particular expression.

We deal with a right of privacy older than the Bill of Rights-older than our political parties, older than our school system.

Free speech is not to be regulated like diseased cattle and impure butter. The audience that hissed yesterday may applaud today, even for the same performance.

We must realize that today's establishment is the new George III. Whether it will continue to adhere to his tactics, we do not know. If it does, the redress, honored in tradition, is also revolution.

The First Amendment ... does not say that in every respect there shall be a separation of Church and State ... Otherwise the state and religion would be aliens to each other - hostile, suspicious, and even unfriendly ... The state may not establish a 'religion of secularism' in the sense of affirmatively opposing or showing hostility to religion, thus preferring those who believe in no religion over those who do believe.

My faith is that the only soul a man must save is his own.

The right to work, I had assumed, was the most precious liberty that man possesses. Man has indeed as much right to work as he has to live, to be free, to own property.

The dominant purpose of the First Amendment was to prohibit the widespread practice of government suppression of embarrassing information.

When a man knows how to live amid danger, he is not afraid to die. When he is not afraid to die, he is, strangely, free to live.

When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.

Our upside down welfare state is socialism for the rich, free enterprise for the poor.

Where suspicion fills the air and holds scholars in line for fear of their jobs, there can be no exercise of the free intellect. Supineness and dogmatism take the place of inquiry. A problem can no longer be pursued to its edges. Fear stalks the classroom. The teacher is no longer a stimulant to adventurous thinking; she becomes instead a pipe line for safe and sound information. A deadening dogma takes the place of free inquiry. Instruction tends to become sterile; pursuit of knowledge is discouraged; discussion often leaves off where it should begin.

The conscience of this nation is the Constitution.

At the constitutional level where we work, 90 percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.

Hiking a ridge, a meadow, or a river bottom, is as healthy a form of exercise as one can get. Hiking seems to put all the body cells back into rhythm. Ten to twenty miles on a trail puts one to bed with his cares unraveled.

Discovery is adventure. There is an eagerness, touched at times with tenseness, as man moves ahead into the unknown. Walking the wilderness is indeed like living. The horizon drops away, bringing new sights, sounds, and smells from the earth. When one moves through the forests, his sense of discovery is quickened. Man is back in the environment from which he emerged to build factories, churches, and schools. He is primitive again, matching his wits against the earth and sky. He is free of the restraints of society and free of its safeguards too.

Ideas are indeed the most dangerous weapons in the world. Our ideas of freedom are the most powerful political weapons man has ever forged.

We know by now that if we make technology the predestined force in our lives, man will walk to the measure of its demands. We know how leveling that influence can be, how easy it is to computerize man and make him a servile thing in a vast industrial complex ... This means we must subject the machine - technology - to control and cease despoiling the earth and filling people with goodies merely to make money.

Violence has no constitutional sanction; and every government from the beginning has moved against it. But where grievances pile high and most of the elected spokesmen represent the Establishment, violence may be the only effective response.

The struggle is always between the individual and his sacred right to express himself and ... the power structure that seeks conformity, suppression and obedience.

One aspect of modern life which has gone far to stifle men is the rapid growth of tremendous corporations. Enormous spiritual sacrifices are made in the transformation of shopkeepers into employees ... The disappearance of free enterprise has led to a submergence of the individual in the impersonal corporation in much the same manner as he has been submerged in the state in other lands.

There have always been grievances and youth has always been the agitator.

We recognize the force of the argument that the effects of war under modern conditions may be felt in the economy for years and years, and that if the war power can be used in days of peace to treat all the wounds which war inflicts on our society, it may not only swallow up all other powers of Congress but largely obliterate the Ninth and the Tenth Amendments as well.

Tell the FBI that the kidnappers should pick out a judge that Nixon wants back.

The liberties of none are safe unless the liberties of all are protected.

The rules when the giants play are the same as when the pygmies enter the market.

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 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."

[United States v. Rumely, 345 U.S. 41 (1953)]

Motion pictures are of course a different medium of expression than the public speech, the radio, the stage, the novel, or the magazine. But the First Amendment draws no distinction between the various methods of communicating ideas.

Those in power are blind devotees to private enterprise. They accept that degree of socialism implicit in the vast subsidies to the military-industrial-complex, but not that type of socialism which maintains public projects for the disemployed and the unemployed alike.

The Second Amendment reveals a profound principle of American government - the principle of civilian ascendency over the military.

The people, the ultimate governors, must have absolute freedom of, and therefore privacy of, their individual opinions and beliefs regardless of how suspect or strange they may appear to others. Ancillary to that principle is the conclusion that an individual must also have absolute privacy over whatever information he may generate in the course of testing his opinions and beliefs.

We need to be bold and adventurous in our thinking in order to survive.

Why cannot we work at cooperative schemes and search for the common ground binding all mankind together?

The Free Exercise Clause protects the individual from any coercive measure that encourages him toward one faith or creed, discourages him from another, or makes it prudent or desirable for him to select one and embrace it.

To be whole and harmonious, man must also know the music of the beaches and the woods. He must find the thing of which he is only an infinitesimal part and nurture it and love it, if he is to live.

The function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it invites a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it passes for acceptance of an idea.

The First and Fourteenth Amendments say that Congress and the States shall make "no law" which abridges freedom of speech or of the press. In order to sanction a system of censorship I would have to say that "no law" does not mean what it says, that "no law" is qualified to mean "some" laws. I cannot take this step.

I do not know of any salvation for society except through eccentrics, misfits, dissenters, people who protest,

World federation is an ideal that will not die. More and more people are coming to realize that peace must be more than an interlude if we are to survive; that peace is a produce of law and order; that law is essential if the force of arms is not to rule the world.

The Court's great power is its ability to educate, to provide moral leadership.

A road is a dagger placed in the heart of a wilderness.

The First Amendment makes confidence in the common sense of our people and in the maturity of their judgement the great postulate of our democracy.

The thrill of tramping alone and unafraid through a wilderness of lakes, creeks, alpine meadows, and glaciers is not known to many. A civilization can be built around the machine but it is doubtful that a meaningful life can be produced by it ... When man worships at the feet of avalas creations. When he feels the wind blowing through him on a high peak or sleeps under a closely matted white bark pine in an exposed basin, he is apt to find his relationship to the universe.

Man is about to be an automaton; he is identifiable only in the computer. As a person of worth and creativity, as a being with an infinite potential, he retreats and battles the forces that make him inhuman. The dissent we witness is a reaffirmation of faith in man; it is protest against living under rules and prejudices and attitudes that produce the extremes of wealth and poverty and that make us dedicated to the destruction of people through arms, bombs, and gases, and that prepare us to think alike and be submissive objects for the regime of the computer.

Realization of this need means adults must awaken to the urgency of the young people's unrest-in other words there must be created an adult unrest against the inequities and injustices in the present system. If the government is in jeopardy, it is not because we are unable to cope with revolutionary situations. Jeopardy means that either the leaders or the people do not realize they have all the tools required to make the revolution come true. The tools and the opportunity exist. Only the moral imagination is missing.

Power that controls the economy should be in the hands of elected representatives of the people instead of an industrial oligarchy

I have the same confidence in the ability of our people to reject noxious literature as I have in their capacity to sort out the true from the false in theology, economics, or any other field.

Political controls in the sense that we think of bureaus or departments of government can never ope to produce collaboration between groups in the inner wheels of our industrial organization. It must come from inner compulsions and desires.

The concept of the public welfare is broad and inclusive ... the values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patroled.

Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs. Religious experiences which are as real as life to some may be incomprehensible to others.

The Constitution is not neutral. It was designed to take the government off the backs of people.

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible against the wall. His function is to vindicate the rights of the people as expressed in the laws and give those accused of crime a fair trial.

This freedom of movement is the very essence of our free society, setting us apart. Like the right of assembly and the right of association, it often makes all other rights meaningful-knowing, studying, arguing, exploring, conversing, observing and even thinking. Once the right to travel is curtailed, all other rights suffer, just as when curfew or home detention is placed on a person.

We are a religious people whose institutions presuppose a Supreme Being.

Fear of ideas makes us impotent and ineffective.

It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest.

It seemed to me that I had barely reached the Court when people were trying to get me off.

The most important aspect of freedom of speech is freedom to learn. All education is a continuous dialogue - questions and answers that pursue every problem on the horizon. That is the essence of academic freedom.

Among the liberties of citizens that are guaranteed are ... the right to believe what one chooses, the right to differ from his neighbor, the right to pick and choose the political philosophy he likes best, the right to associate with whomever he chooses, the right to join groups he prefers ...

We have a system which, though far from perfect, is strong with idealism. It gives elbow room for men of all races and all beliefs. It is vital and dynamic. And it works. We have the means of shaping the world in our pattern. If we do, freedom will be assured for all men. The decision is in the hands of this generation. It is a challenge to our political competence. For Western civilization it is the greatest challenge of all time.

Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.
[The One Un-American Act, Speech to the Author's Guild Council in New York, on receiving the 1951 Lauterbach Award (December 3, 1952)]

What we must remember, however, is that preservation of liberties does not depend on motives. A suppression of liberty has the same effect whether the suppressor be a reformer or an outlaw. The only protection against misguided zeal is constant alertness to infractions of the guarantees of liberty contained in our Constitution. Each surrender of liberty to the demands of the moment makes easier another, larger surrender ...

The river, for example, is the living symbol of all the life it sustains or nourishes - fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life. The river as plaintiff speaks for the ecological unit of life that is part of it.

Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred.

A people who extend civil liberties only to preferred groups start down the path either to dictatorship of the right or the left.

Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us?

Those in power need checks and restraints lest they come to identify the common good for their own tastes and desires, and their continuation in office as essential to the preservation of the nation.

I learned early that the richness of life is found in adventure. Adventure calls on all the faculties of mind and spirit. It develops self-reliance and independence. Life then teems with excitement. But man is not ready for adventure unless he is rid of fear. For fear confines him and limits his scope. He stays tethered by strings of doubt and indecision and has only a small and narrow world to explore.

These examples and many others demonstrate an alarming trend whereby the privacy and dignity of our citizens is being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen
a society in which government may intrude into the secret regions of man's life at will.
[Osborn v. United States, 385 U.S. 323, 343 (1966) (dissenting)]