“The social interest in the integrity and competence of the judicial process requires that courts and judges should not be shielded from wholesome exposure to public view, and if this interest is to be well served, then some latitude must be allowed for inaccurate and intemperate comment.” – People v. Goss, 10 Ill. 2d 533 (1957)
Category: The American Constitution
“The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it. First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.” – Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)
“The defense presented two witnesses: Dr. Dawna Gutzmann and Cordelia Parker, Johnson’s eighth-grade special education teacher. Both witnesses testified that Johnson had low intelligence and limited reading and comprehension skills.
“Parker testified that, when the 1992 school year began, Johnson was reading out of a third-grade reading book; however, she believed he had advanced to a fourth-grade reader by the end of the year. He passed a modified constitution test and graduated from elementary school pursuant to a Chicago Board of Education policy that required the promotion to high school of all students over 15 years of age. Parker acknowledged that her report on Johnson indicated that his ability to express himself verbally was adequate.
“Gutzmann testified she was appointed to interview Johnson and did so on separate occasions. The purpose of her initial examination was to form and render an opinion regarding Johnson’s ability to comprehend Miranda warnings and waive his constitutional rights. She first advised Johnson that what he said was not confidential and what he said could later be brought out in court. Gutzmann said she discovered that Johnson had not understood her initial explanation. After she repeated it several times, Johnson indicated he understood.
“In her first interview with Johnson, Gutzmann questioned Johnson about the meaning of key concepts regarding Miranda warnings. Johnson told her he had never signed a statement prior to the one at issue in this case. Gutzmann reviewed some pertinent psychological reports and learned that Johnson had a score of 57 on a verbal subtest of the Wechsler Intelligence Test. She noted that a complete IQ test involves more than just the verbal test.
“Based upon her initial interview, Gutzmann made a provisional diagnosis of major depressive disorder and mild mental retardation. She noted that a firm diagnosis would require additional information regarding Johnson’s adaptive functioning and a full IQ test. After her initial meeting with Johnson, it was her impression that he had dependent features to his personality which were manifest in a tendency to be deferential. Johnson seemed to have low self-esteem, and he appeared to be easily influenced by her authoritative position.”
– Justice Philip J. Rarick, People v. Johnson, 803 N.E.2d 405 (Ill. 2004), Illinois Supreme Court
“Our system of justice requires that a defendant’s guilt or innocence be determined based upon relevant evidence and legal principles, upon the application of reason and deliberation by a jury, not the expression of misdirected emotion or outrage by a mob.” – Justice Philip J. Rarick, People v. Johnson, 803 N.E.2d 405 (Ill. 2004), Illinois Supreme Court
“Every defect in a man, and in others’ way of taking him, our agreement that gold has value gives us power to rise above.” – Regina Corrado, “Unauthorized Cinnamon”, Deadwood
“We can never surrender to democracy’s enemies. We can never allow America to be defined by forces of division and hatred. We can never go backward in the progress we have made through the sacrifice and dedication of true patriots. We can never and will never relent in our pursuit of a more perfect union, with liberty and justice for all Americans.” – Representative Bennie G. Thompson, Chairman, Final Report, Select Committee to Investigate the January 6th Attack on the United States Capitol
“For the first time in our Nation’s history, a grand jury has charged a former President with committing crimes while in office to overturn an election that he lost. In response, the defendant claims that to protect the institution of the Presidency, he must be cloaked with absolute immunity from criminal prosecution unless the House impeached and the Senate convicted him for the same conduct. He is wrong. Separation-of-powers principles, constitutional text, history, and precedent all make clear that a former President may be prosecuted for criminal acts he committed while in office—including, most critically here, illegal acts to remain in power despite losing an election.” – from “Introduction” by Special Counsel Jack Smith, et al., “Answering Brief for the United States”, Filed December 30, 2023, Circuit Court for the District of Columbia
“As much as people love to use the Founding Fathers as a reason why the youths these days can’t wear lipstick and listen to horny pop music, everything we know about history leads us to the expectation that Benjamin Franklin would probably actually fucking love it here today.” – Noah Caldwell-Gervais, The Lincoln Highway: Across America on the First Transcontinental Motor Route
“The government’s greatest power to change the landscape isn’t with bulldozing or bombs, it’s the ability to transform nature into squares, with a simple stroke of the pen.” – Noah Caldwell-Gervais, The Lincoln Highway: Across America on the First Transcontinental Motor Route
“The problem with history is that it’s full of incredible jokes that take too damn long to set up.” – Noah Caldwell-Gervais, The Lincoln Highway: Across America on the First Transcontinental Motor Route
“It is better and cheaper to have a strong Army and not need it than it is to need a strong Army and not have it.” – Lt. Gen. George S. Patton, Jr.
“Any politician should be put in jail who votes for an appropriation bill and fails to vote the tax to pay for it.” – Lt. Gen. George S. Patton, Jr.
“Political hyperbole cannot substitute for legal argument. The Court must decide issues based the laws and facts before it. It is improper for courts to accept a fact as true simply because a governor has declared it so or the House of Representatives narrowly declares so in a non-binding resolution.” – Judge David Alan Ezra, United States of America, et al. v. State of Texas, et al.
“The five Pillars of Aristocracy are Beauty, Wealth, Birth, Genius, and Virtues. Any one of the three first, can at any time, over bear any one or both of the two last.” John Adams to Thomas Jefferson, November 15, 1813 (capitalization and punctuation in original)
“Inequalities of Mind and Body are so established by God Almighty in the Constitution of Human Nature that no Art or policy can ever plain them down to a level.” – John Adams to Thomas Jefferson, December 19, 1813 (capitalization and spelling in original)
“The same political parties which now agitate the U.S. have existed thro’ all time. And in fact the terms of whig and tory belong to natural as well as to civil history. They denote the temper and constitution and mind of different individuals.” – Thomas Jefferson, letter to John Adams, June 27, 1813
“At the end of the day, it’s cheaper to be a good person.” – Justin King, “Let’s talk about Tennessee, the ACLU, and $500,000 . . .,” February 10, 2024
“I want a dyke for president. I want a person with aids for president and I want a fag for vice president and I want someone with no health insurance and I want someone who grew up in a place where the earth is so saturated with toxic waste that they didn’t have a choice about getting leukemia. I want a president that had an abortion at sixteen and I want a candidate who isn’t the lesser of two evils and I want a president who lost their last lover to aids, who still sees that in their eyes every time they lay down to rest, who held their lover in their arms and knew they were dying. I want a president with no air conditioning, a president who has stood on line at the clinic, at the dmv, at the welfare office and has been unemployed and layed off and sexually harrassed and gaybashed and deported. I want someone who has spent the night in the tombs and had a cross burned on their lawn and survived rape. I want someone who has been in love and been hurt, who respects sex, who has made mistakes and learned from them. I want a Black woman for president, I want someone with bad teeth, someone who has eaten hospital food, someone who crossdresses and has done drugs and been in therapy, I want someone who has committed civil disobedience. And I want to know why this isn’t possible. I want to know why we started learning somewhere down the line that a president is always a clown: always a john and never a hooker. Always a boss and never a worker, always a liar, always a thief and never caught.” – Zoe Leonard, “I want a president”
“In recognition of the fact that wartime military planning was inextricably involved with foreign policy, the Army planners intensified their efforts from the spring of 1943 onward to improve liaison with the White House and State Department. By and large, the Army remained preoccupied both before and after the spring of 1943 with the more strictly military aspects of national policy. This reflected staff acceptance of the code, on which it had been working since before the war, that civilian authorities determine the ‘what’ of national policy and the military confine themselves to the ‘how.’ Yet it is also apparent that the fine line between foreign policy and military policy was becoming increasingly blurred as the war went on. The President felt compelled to take an active part in military affairs, and the Army staff found more and more that it could not keep foreign and political affairs out of its military calculations. It had become painfully clear to the staff since the summer of 1942 that political policy might not permit the armed forces to follow the quickest and most direct road to victory according to its lights.” – Maurice Matloff, Strategic Planning for Coalition Warfare:1943-1944
“To the New England mind, roads, schools, clothes, and a clean face were connected as part of the law of order or divine system. Bad roads meant bad morals.” – Henry Adams, The Education of Henry Adams
“If a country can be said to possess a soul, then America’s is the patent system: the simple, fair method of staking claim to a new idea and getting the chance to make money from it.” – Julia Keller, Mr. Gatling’s Terrible Marvel
“Presidents have the power to make things worse, not really make them better on their own. They need Congress for that.” – Justin King, “The Roads to a Jan Q&A,” January 18, 2024
“What the American public doesn’t know is what makes them the American public.” – Justin King, “The Roads to Aid and Foreign Policy Dynamics”
“Extreme poverty and homelessness exemplify ways in which American society fails to provide minimal support for many of its citizens and, as a result, indirectly maltreats large numbers of children.” – John M. Briere, Child Abuse Trauma: Theory and Treatment of the Lasting Effects
“An army is an army. It is not a political group. It is not a citizens’ meeting.” – General George C. Marshall (in testimony before the Senate Committee on Military Affairs, 77th Congress, 1st session)
“The irreducible constitutional minimum of standing under Article III consists of three elements. First, the plaintiff must have suffered an injury in fact, an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, rather than conjectural or hypothetical. Second, there must be a causal connection between the injury and the challenged action of the defendant. Third, it must be likely, as opposed to merely speculative, that the injury would be redressed by a favorable decision.” – Judge Hamilton, United States of America v. Funds in the Amount of $239,400, et al. (Seventh Circuit Court of Appeals, July 28, 2015)(internal cites and quotations omitted)
“A vagrant is anybody a cop don’t like.” – John Steinbeck, The Grapes of Wrath
“One of the largest difficulties in adjusting a peace-minded people to the temporary pursuit of war is that the facts of war are often in total opposition to the facts of peace. An industrialist trained in economy will employ for a given job just enough means to perform the job. He will avoid all excessive use of manpower and material alike. Nothing could be more rational than this instinctive economy of force. But war is irrational and war is waste, fundamentally; likewise its processes are appallingly wasteful of the less important—and sometimes wisely so, the peacetime economist is astonished to learn. Unlike the industrialist just mentioned, the efficient commander does not seek to use just enough means, but an excess of means. A military force that is just strong enough to take a position will suffer heavy casualties in doing so; a force vastly superior to the enemy’s will do the job without serious loss of men and (often more important still) with no loss of the all-important commodity, time; it can thereafter plunge straight ahead to the next task, catching the enemy unaware and thus gaming victory after victory and driving a bewildered enemy into panic.” – Mark Skinner Watson, Chief of Staff: Prewar Plans and Preparations, Vol. 1-1, United States Army in World War II
“A democracy is not ruled by warriors, even in wartime, but by civilian authority.” – Mark Skinner Watson, Chief of Staff: Prewar Plans and Preparations, Vol. 1-1, United States Army in World War II
“In quiet and untroubled times it seems to every administrator that it is only by his efforts that the whole population under his rule is kept going, and in this consciousness of being indispensable every administrator finds the chief reward of his labor and efforts. While the sea of history remains calm the ruler-administrator in his frail bark, holding on with a boat hook to the ship of the people and himself moving, naturally imagines that his efforts move the ship he is holding on to. But as soon as a storm arises and the sea begins to heave and the ship to move, such a delusion is no longer possible. The ship moves independently with its own enormous motion, the boat hook no longer reaches the moving vessel, and suddenly the administrator, instead of appearing a ruler and a source of power, becomes an insignificant, useless, feeble man.” – Leo Tolstoy, War and Peace (trans. Louise and Aylmer Maude)