“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.”

— Louis Brandeis

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.

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Louis Brandeis 45

American Supreme Court Justice 1856–1941

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“Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s
Context: The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.

“Those who won our independence believed that the final end of the state was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.”

Louis Brandeis (1856–1941) American Supreme Court Justice

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

“Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty?”

Patrick Henry (1736–1799) attorney, planter, politician and Founding Father of the United States

Speech on the Federal Constitution, Virginia Ratifying Convention (5 June 1788).
1780s

“Liberty means responsibility. That is why most men dread it.”

George Bernard Shaw Man and Superman

#25
1900s, Maxims for Revolutionists (1903)
Source: Man and Superman

“...what the freedom is that I love, and that to which I think all men intitled. It is not solitary, unconnected, individual, selfish Liberty. As if every Man was to regulate the whole of his Conduct by his own will. The Liberty I mean is social freedom. It is that state of things in which Liberty is secured by the equality of Restraint; A Constitution of things in which the liberty of no one Man, and no body of Men and no Number of men, can find Means to trespass on the liberty of any Person, or any description of Persons in the Society. This kind of liberty is indeed but another name for Justice, as ascertained by wise Laws, and secured by well-constructed institutions.”

Edmund Burke (1729–1797) Anglo-Irish statesman

Letter to Charles-Jean-François Depont (November 1789), quoted in Alfred Cobban and Robert A. Smith (eds.), The Correspondence of Edmund Burke, Volume VI: July 1789–December 1791 (1967), p. 42
1780s

“The two greatest things that all men aim at in any free government are liberty and permanency.”

Thomas D'Arcy McGee (1825–1868) Canadian politician

Legislative Assembly, February 9, 1865
Context: The two greatest things that all men aim at in any free government are liberty and permanency. We have had liberty enough - too much perhaps in some respects - but at all events, liberty to our hearts content.

“The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

“The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).
Extra-judicial writings
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws 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… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

“The greatest liberty is born of the greatest rigor.”

Paul Valéry (1871–1945) French poet, essayist, and philosopher

Socrates, p. 131
Eupalinos ou l'architecte (1921)

“The evil of totalitarianism is not only that it fails to protect specific liberties but that it extinguishes the very possibility of freedom.”

John Gray (1948) British philosopher

'Isaiah Berlin: The Value of Decency' (p.104)
Gray's Anatomy: Selected Writings (2009)

“The encroachments upon liberty in the reigns of the first James and the first Charles, by turning the general attention of learned men to government, are said to have produced the greatest number of consummate statesmen which has ever been seen in any age or nation.”

John Adams (1735–1826) 2nd President of the United States

1760s, A Dissertation on the Canon and Feudal Law (1765)

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