
Five Essays on Liberty (2002), Introduction (1969)
Concurring, Whitney v. California, 274 U.S. 357, 375 (1927), at 375. In this case, in which the Court upheld a California anti-Communist statute, Brandeis, writing in a concurrence joined by Justice Oliver Wendell Holmes, Jr., concurred in the judgment but not in the reasoning. Whitney was later overruled (with the later Court adopting Brandeis's reasoning) in Brandenburg v. Ohio, 395 U.S. 444 (1969).
Judicial opinions
Five Essays on Liberty (2002), Introduction (1969)
“Liberty is not a means to a higher political end. It is itself the highest political end.”
The History of Freedom in Antiquity (1877)
Context: Liberty and good government do not exclude each other; and there are excellent reasons why they should go together. Liberty is not a means to a higher political end. It is itself the highest political end. It is not for the sake of a good public administration that it is required, but for security in the pursuit of the highest objects of civil society, and of private life.
The Education of the Negro Prior to 1861 (1915), Chapter 1
"Why Liberty?”, in the Chicago Tribune (30 January 1927)
1920s
Context: I believe that liberty is the only genuinely valuable thing that men have invented, at least in the field of government, in a thousand years. I believe that it is better to be free than to be not free, even when the former is dangerous and the latter safe. I believe that the finest qualities of man can flourish only in free air – that progress made under the shadow of the policeman’s club is false progress, and of no permanent value. I believe that any man who takes the liberty of another into his keeping is bound to become a tyrant, and that any man who yields up his liberty, in however slight the measure, is bound to become a slave.
Source: The Province of Jurisprudence Determined (1832), p. 224
“We believe that the Statue of Liberty is an important symbol of freedom for our country.”
A Principled Leader (2004)
Context: We believe that the Statue of Liberty is an important symbol of freedom for our country. And as [film director] Martin Scorcese, who is involved in the Statue’s latest fundraising campaign, said, what is most impressive is not just what the Statue of Liberty represents for Americans but really what it represents to the whole world.<!-- ** p. 10
"Why Liberty?”, in the Chicago Tribune (30 January 1927)
1920s
2000s, 2003, Address to the National Endowment for Democracy (November 2003)
Dissenting, Olmstead v. United States, 277 U.S. 438, 479 (1928). The last sentence is one of many quotations inscribed on Cox Corridor II, a first floor House corridor, U.S. Capitol.
Judicial opinions
Context: The defendants' objections to the evidence obtained by wire-tapping must, in my opinion, be sustained. It is, of course, immaterial where the physical connection with the telephone wires leading into the defendants' premises was made. And it is also immaterial that the intrusion was in aid of law enforcement. Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
Address The bell is ringing
Liberty-Equality-Fraternity (1942)