|
2014 March 21
|
"Justice without force is impotent,
force without justice is tyranny.
Unable to make what is just strong,
we have made what is strong just." |
"The government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that the end justifies the means -- to declare that the government may commit crimes -- would bring terrible retribution." |
"We are corrupted by prosperity. And when the state is corrupt, then the laws are most multiplied." |
|
2014 March 20
|
"Two wars necessitated vast curtailments of liberty, and we have grown, though grumblingly, accustomed to our chains. The increasing complexity and precariousness of our economic life have forced Government to take over many spheres of activity once left to choice or chance. Our intellectuals have surrendered first to the slave-philosophy of Hegel, then to Marx, finally to the linguistic analysts.
As a result, classical political theory, with its Stoical, Christian, and juristic key-conceptions (natural law, the value of the individual, the rights of man), has died. The modern State exists not to protect our rights but to do us good or make us good -- anyway, to do something to us or to make us something. Hence the new name 'leaders' for those who were once 'rulers'. We are less their subjects than their wards, pupils, or domestic animals. There is nothing left of which we can say to them, 'Mind your own business.' Our whole lives are their business.
I write 'they' because it seems childish not to recognize that actual government is and always must be oligarchical. Our effective masters must be more than one and fewer than all. But the oligarchs begin to regard us in a new way." |
"What assurance have we that our masters will or can keep the promise which induced us to sell ourselves? Let us not be deceived by phrases about 'Man taking charge of his own destiny'. All that can really happen is that some men will take charge of the destiny of the others. They will be simply men; none perfect; some greedy, cruel and dishonest. The more completely we are planned the more powerful they will be. Have we discovered some new reason why, this time, power should not corrupt as it has done before?" |
"The question about progress has become the question whether we can discover any way of submitting to the worldwide paternalism of a technocracy without losing all personal privacy and independence. Is there any possibility of getting the super Welfare State's honey and avoiding the sting?" |
|
2014 March 19
|
"Police may have no right to privacy in carrying out official duties
in public. But the civilians they interact with do." |
"May it not be asked of every intelligent friend to the liberties of his country, whether the power exercised in such an act as this ought not to produce great and universal alarm? Whether a rigid execution of such an act, in time past, would not have repressed that information and communication among the people which is indispensable to the just exercise of their electoral rights? And whether such an act, if made perpetual, and enforced with rigor, would not, in time to come, either destroy our free system of government, or prepare a convulsion that might prove equally fatal to it? " |
"A statute intended to prevent unwarranted intrusions into a citizen’s privacy cannot be used as a shield for public officials who cannot assert a comparable right of privacy in their public duties. Such action impedes the free flow of information concerning public officials and violates the First Amendment right to gather such information. ... The [Illinois Eavesdropping Statute] includes conduct that is unrelated to the statute’s purpose and is not rationally related to the evil the legislation sought to prohibit. For example, a defendant recording his case in a courtroom has nothing to do with an intrusion into a citizen’s privacy but with distraction. ... The court finds the Illinois Eavesdropping Statute is unconstitutional on its face and as applied to the defendant as the statute is violative of substantive due process." |
|
2014 March 18
|
"All statutes are presumed constitutional and the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution." |
"The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative." |
"The Illinois eavesdropping statute restricts a medium of expression commonly used for the preservation and communication of information and ideas, thus triggering First Amendment scrutiny. Illinois has criminalized the nonconsensual recording of most any oral communication, including recordings of public officials doing the public’s business in public and regardless of whether the recording is open or surreptitious. Defending the broad sweep of this statute, the State’s Attorney relies on the government’s interest in protecting conversational privacy, but that interest is not implicated when police officers are performing their duties in public places and engaging in public communications audible to persons who witness the events. Even under the more lenient intermediate standard of scrutiny applicable to content-neutral burdens on speech, this application of the statute very likely flunks. The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests; as applied to the facts alleged here, it likely violates the First Amendment’s free-speech and free-press guarantees." |
|
2014 March 17
|
"Should we believe self-serving, ever-growing drug enforcement/drug
treatment bureaucrats, whose pay and advancement depends on finding more
and more people to arrest and 'treat'? More Americans die in just one
day in prisons, penitentiaries, jails and stockades than have ever died
from marijuana throughout history. Who are they protecting? From what?" |
"The State... has had a vested interest in promoting attitudes
that would tend to make us skeptical of our own abilities,
fearful of the motives of others, and emotionally dependent
upon external authorities for purpose and direction in our lives." |
"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences." |
|
|
|
