“It is no answer to say that when the war is over the citizen may once more resume his rights and feel some security in his liberty and his person. As I have already tried to point out, now is precisely the time when the country needs the counsel of all its citizens. In time of war even more than in time of peace, whether citizens happen to agree with the ruling administration or not, these precious fundamental personal rights-free speech, free press, and right of assemblage so explicitly and emphatically guaranteed by the Constitution should be maintained inviolable.”

— Robert M. La Follette Sr.

Free Speech in Wartime (October 6, 1917)

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Robert M. La Follette Sr. 22

American politician 1855–1925

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“More than all, the citizen and his representative in Congress in time of war must maintain his right of free speech. More than in times of peace it is necessary that the channels for free public discussion of governmental policies shall be open and unclogged.”

Robert M. La Follette Sr. (1855–1925) American politician

Free Speech in Wartime (October 6, 1917)

“I think all men recognize that in time of war the citizen must surrender some rights for the common good which he is entitled to enjoy in time of peace. But, sir, the right to control their own government according to constitutional forms is not one of the rights that the citizens of this country are called upon to surrender in time of war.”

Robert M. La Follette Sr. (1855–1925) American politician

Free Speech in Wartime (October 6, 1917)

“When a legislature undertakes to proscribe the exercise of a citizen's constitutional right to free speech, it acts lawlessly; and the citizen can take matters in his own hands and proceed on the basis that such a law is no law at all.”

William O. Douglas (1898–1980) Associate Justice of the Supreme Court of the United States

Dissenting, Poulos v. New Hampshire, 345 U.S. 395 (1953)
Judicial opinions

“No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.”

Hugo Black (1886–1971) U.S. Supreme Court justice

Majority opinion in Wesberry v. Sanders, 376 U.S. 1 (1964)

“In the Civil Rights Act of 1965, we affirmed through law for every citizen in this land the most basic right of democracy—the right of a citizen to vote in an election in his country. In the five States where the Act had its greater impact, Negro voter registration has already more than doubled.”

Lyndon B. Johnson (1908–1973) American politician, 36th president of the United States (in office from 1963 to 1969)

1960s, Remarks on the Civil Rights Act (1968)

“The individual citizen, according to Mr. Douglas, is not secure in his person, in his property, in his family, for a single moment from the whim or the passion or the deliberate will of the majority, if expressed as law. Might is not right. I have the power to hold a child by the throat until he turns purple and dies. But I have not the right to do it. A State or a Territory has the power to steal a man's liberty or labor, and to hold him and his children's children forever in slavery. It has the power to do this to any man of any color, of any age, of any country, who is not strong enough to protect himself. But it has no more right to do it to an African than to an American or an Irishman, no more right to do it to the most ignorant and forsaken foreigner than to the prosperous and honored citizen of its own country”

George William Curtis (1824–1892) American writer

1850s, The Present Aspect of the Slavery Question (1859)
Context: This negative doctrine of Mr. Douglas that there are no rights anterior to governments is the end of free society. If the majority of a political community have a right to establish slavery if they think it for their interest, they have the same right to declare who shall be enslaved. The doctrine simply substitutes the despotic, irresponsible tyranny of many for that of one. If the majority shall choose that the interest of the State requires the slaughter of all infants born lame, of all persons more than seventy years of age, they have the right to slaughter them, according to what is called the Democratic doctrine. Do you think this a ludicrous and extreme case? But if the majority have a right to deprive a man of his liberty at their pleasure, they have an equal right to take his life. For life is no more a natural right than liberty. The individual citizen, according to Mr. Douglas, is not secure in his person, in his property, in his family, for a single moment from the whim or the passion or the deliberate will of the majority, if expressed as law. Might is not right. I have the power to hold a child by the throat until he turns purple and dies. But I have not the right to do it. A State or a Territory has the power to steal a man's liberty or labor, and to hold him and his children's children forever in slavery. It has the power to do this to any man of any color, of any age, of any country, who is not strong enough to protect himself. But it has no more right to do it to an African than to an American or an Irishman, no more right to do it to the most ignorant and forsaken foreigner than to the prosperous and honored citizen of its own country. We are going to do what Patrick Henry did in Virginia, what James Otis and Samuel Adams did in Massachusetts, what the Sons of Liberty did in New York, ninety years ago. We are going to agitate, agitate, agitate. You say you want to rest. Very well, so do we — and don't blame us if you stuff your pillow with thorns. You say you are tired of the eternal Negro. Very well, stop trying to turn a man into a thing because he happens to be black, and you'll stop our mouths at the same time. But while you keep at your work, be perfectly sure that we shall keep at ours. If you are up at five o'clock, we shall be up at four. We shall agitate, agitate, agitate, until the Supreme Court, obeying the popular will, proclaims that all men have original equal rights which government did not give and cannot justly take away.

“Rather in time of war the citizen must be more alert to the preservation of his right to control his government. He must be most watchful of the encroachment of the military upon the civil power. He must beware of those precedents in support of arbitrary action by administrative officials, which excused on the plea of necessity in wartime, become the fixed rule when the necessity has passed and normal conditions have been restored.”

Robert M. La Follette Sr. (1855–1925) American politician

Free Speech in Wartime (October 6, 1917)

“It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“What all this amounts to, then, is that the Rule of Law requires that administrative discretion in coercive action (i. e., in interfering with the person and property of the private citizen) must always be subject to review by an independent court which is not an instrument of, or even privy to, the aims of current governmental policy; that its review must in all such instances extend to the substance of the administrative act and not merely to the question whether it was infra or ultra vires; and that, if such a court finds that the rights of private citizens have been infringed, it will assess damages just as if the right of this person had been violated by another private citizen. This, in addition to the familiar requirements of generality, equality, and certainty of the law is really the crux of the matter, the decisive point on which it depends whether the Rule of Law prevails or not.”

Friedrich Hayek (1899–1992) Austrian and British economist and Nobel Prize for Economics laureate

Lecture III. The Safeguards of Individual Liberty - 19. Fundamental Rights and the Protected Private Sphere
1940s–1950s, The Political Ideal of the Rule of Law (1955)

“You have called upon us to expose ourselves to all the subtle machinations of their malignity for all time. And now, what do you propose to do when you come to make peace? To reward your enemies, and trample in the dust your friends? Do you intend to sacrifice the very men who have come to the rescue of your banner in the South, and incurred the lasting displeasure of their masters thereby? Do you intend to sacrifice them and reward your enemies? Do you mean to give your enemies the right to vote, and take it away from your friends? Is that wise policy? Is that honorable? Could American honor withstand such a blow? I do not believe you will do it. I think you will see to it that we have the right to vote. There is something too mean in looking upon the Negro, when you are in trouble, as a citizen, and when you are free from trouble, as an alien. When this nation was in trouble, in its early struggles, it looked upon the Negro as a citizen. In 1776 he was a citizen. At the time of the formation of the Constitution the Negro had the right to vote in eleven States out of the old thirteen. In your trouble you have made us citizens. In 1812 General Jackson addressed us as citizens; 'fellow-citizens'. He wanted us to fight. We were citizens then! And now, when you come to frame a conscription bill, the Negro is a citizen again. He has been a citizen just three times in the history of this government, and it has always been in time of trouble. In time of trouble we are citizens. Shall we be citizens in war, and aliens in peace? Would that be just?”

Frederick Douglass (1818–1895) American social reformer, orator, writer and statesman

1860s, What the Black Man Wants (1865)

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Robert M. La Follette Sr. 22

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