A Quote by Charles Evans Hughes

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.
Once you start to provide public services that have to be run under public rules, for example child protection, then it has to go with public law. Institutions have to make a decision whether they want to do that or they don't want to do that.
Our government is the potent, the omnipresent teacher. For good or for ill it teaches the whole people by 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 in the administration of the criminal law the end justifies the means - to declare that the Government may commit crimes in order to secure the conviction of a private criminal - would bring terrible retributions.
While we all respect the solemn responsibility of our law enforcement officers to protect the public, we must also safeguard the rights of Missourians to peaceably assemble and the rights of the press to report on matters of public concern.
Most of us tend to view childhood as a time of carefree pleasure. Those of us who have looked at the real condition of children in America, however, see a very different picture-one in which children are victims of terrible discrimination, prejudice, and abuse. They need protection. But the protection they need most is to have the protection of civil rights, so that they can be regarded as full persons under the law.
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
No other profession is subject to the public contempt and derision that sometimes befalls lawyers. the bitter fruit of public incomprehension of the law itself and its dynamics.
Criminal law has to do with relations between the misbehaving individual and his government...Criminal law establishes rules of conduct; their breach, if prosecuted and conviction follows, results in punishment.
The federal Religious Freedom Restoration Act passed unanimously in the House, won 97 votes in the Senate, and was signed into law by President Bill Clinton. Twenty states have passed their own versions of this law, and 11 additional ones have religious-liberty protections that state courts have interpreted to provide a similar level of protection.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Public virtue cannot exist in a nation without private, and public virtue is the only foundation of republics. There must be a positive passion for the public good, the public interest, honour, power and glory, established in the minds of the people, or there can be no republican government, nor any real liberty: and this public passion must be superiour to all private passions.
I know that my race must change. We cannot hold our own with the white men as we are. We only ask an even chance to live as other men live. We ask to be recognized as men. We ask that the same law shall work alike on all men. If an Indian breaks the law, punish him by the law. If a white man breaks the law, punish him also.
It is a fundamental principle of criminal law that an imputed offense must correspond exactly to the type of crime described by law. If no law applies exactly to the point in question, then there is no offense.
The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare, and to liberty. But there is a higher law than the constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust as to secure in the highest attainable degree their happiness.
In order that punishment should not be an act of violence perpetrated by one or many upon a private citizen, it is essential that it should be public, speedy, necessary, the minimum possible in the given circumstances, proportionate to the crime, and determined by the law.
Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.
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