“Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.”

Dennis v. United States, 341 U.S. 494 (1951)

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American politician and Supreme Court justice 1890–1953

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Context: The "government of all the people", if we have to have government, can at best be only the government of the majority. And the democrats, whether socialists or not, are willing to agree. They add, it is true, that one must respect minority rights; but since it is the majority that decides what these rights are, as a result minorities only have the right to do what the majority wants and allows. The only limit to the will of the majority would be the resistance which the minorities know and can put up. This means that there would always be a social struggle, in which a part of the members, albeit the majority, has the right to impose its own will on the others, yoking the efforts of all to their own ends.
And here I would make an aside to show how, based on reasoning backed by the evidence of past and present events, it is not even true that where there is government, namely authority, that authority resides in the majority and how in reality every "democracy" has been, is and must be nothing short of an "oligarchy" – a government of the few, a dictatorship. But, for the purposes of this article, I prefer to err on the side of the democrats and assume that there can really be a true and sincere majority government.
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“The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government.”

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Context: Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. [... ] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. As this Court said in United States v. Cruikshank, 92 U. S. 542, 552: The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [... ] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government.

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