Frasi di Charles Evans Hughes pagina 2

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Charles Evans Hughes

Data di nascita: 11. Aprile 1862
Data di morte: 27. Agosto 1948

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Charles Evans Hughes Sr. è stato un giurista e politico statunitense, membro del Partito Repubblicano. È stato il candidato del suo partito alle elezioni presidenziali del 1916 e fu sconfitto da Woodrow Wilson.

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Frasi Charles Evans Hughes

„We still proclaim the old ideals of liberty but we cannot voice them without anxiety in our hearts. The question is no longer one of establishing democratic institutions but of preserving them.“

—  Charles Evans Hughes
Context: We still proclaim the old ideals of liberty but we cannot voice them without anxiety in our hearts. The question is no longer one of establishing democratic institutions but of preserving them. … The arch enemies of society are those who know better but by indirection, misstatement, understatement, and slander, seek to accomplish their concealed purposes or to gain profit of some sort by misleading the public. The antidote for these poisons must be found in the sincere and courageous efforts of those who would preserve their cherished freedom by a wise and responsible use of it. Freedom of expression gives the essential democratic opportunity, but self-restraint is the essential civic discipline. As quoted in Charles Evans Hughes (1951) by Merlo J. Pusey, Vol. II, p. 794

„We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.“

—  Charles Evans Hughes
Speech before the Chamber of Commerce, Elmira, New York (3 May 1907); published in Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906–1908 (1908), p. 139

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„[Dissents are] appeals to the brooding spirit of the law, to the intelligence of another day.“

—  Charles Evans Hughes
Reported in "Keeping Politics out of the Court", The New York Times (December 9, 1984); quoted in The HarperCollins Dictionary of American Government and Politics (1992) by Jay M. Shafritz, p. 407

„While democracy must have its organizations and controls, its vital breath is individual liberty.“

—  Charles Evans Hughes
Statement of May 1908, quoted in "Reauthorization of The Civil Rights Division of The United States Department of Justice" (15 May 2003) US House of Representatives.

„When we lose the right to be different, we lose the privilege to be free.“

—  Charles Evans Hughes
Address at Faneuil Hall, Boston, Massachusetts, on the 150th anniversary of the Battle of Bunker Hill (17 June 1925).

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„In attempted justification of the statute, it is said that it deals not with publication per se, but with the "business" of publishing defamation. If, however, the publisher has a constitutional right to publish, without previous restraint, an edition of his newspaper charging official derelictions, it cannot be denied that he may publish subsequent editions for the same purpose. He does not lose his right by exercising it. If his right exists, it may be exercised in publishing nine editions, as in this case, as well as in one edition. If previous restraint is permissible, it may be imposed at once; indeed, the wrong may be as serious in one publication as in several. Characterizing the publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint. Similarly, it does not matter that the newspaper or periodical is found to be "largely" or "chiefly" devoted to the publication of such derelictions. If the publisher has a right, without previous restraint, to publish them, his right cannot be deemed to be dependent upon his publishing something else, more or less, with the matter to which objection is made. Nor can it be said that the constitutional freedom from previous restraint is lost because charges are made of derelictions which constitute crimes. With the multiplying provisions of penal codes, and of municipal charters and ordinances carrying penal sanctions, the conduct of public officers is very largely within the purview of criminal statutes. The freedom of the press from previous restraint has never been regarded as limited to such animadversions as lay outside the range of penal enactments. Historically, there is no such limitation; it is inconsistent with the reason which underlies the privilege, as the privilege so limited would be of slight value for the purposes for which it came to be established.“

—  Charles Evans Hughes
', 283 U.S. 697 (1931).

„Public officers, whose character and conduct remain open to debate and free discussion in the press, find their remedies for false accusations in actions under libel laws providing for redress and punishment, and not in proceedings to restrain the publication of newspapers and periodicals. The general principle that the constitutional guaranty of the liberty of the press gives immunity from previous restraints has been approved in many decisions under the provisions of state constitutions. The importance of this immunity has not lessened. While reckless assaults upon public men, and efforts to bring obloquy upon those who are endeavoring faithfully to discharge official duties, exert a baleful influence and deserve the severest condemnation in public opinion, it cannot be said that this abuse is greater, and it is believed to be less, than that which characterized the period in which our institutions took shape. Meanwhile, the administration of government has become more complex, the opportunities for malfeasance and corruption have multiplied, crime has grown to most serious proportions, and the danger of its protection by unfaithful officials and of the impairment of the fundamental security of life and property by criminal alliances and official neglect, emphasizes the primary need of a vigilant and courageous press, especially in great cities. The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct. Subsequent punishment for such abuses as may exist is the appropriate remedy consistent with constitutional privilege.“

—  Charles Evans Hughes
', 283 U.S. 697 (1931).

„Equally unavailing is the insistence that the statute is designed to prevent the circulation of scandal which tends [p722] to disturb the public peace and to provoke assaults and the commission of crime. Charges of reprehensible conduct, and in particular of official malfeasance, unquestionably create a public scandal, but the theory of the constitutional guaranty is that even a more serious public evil would be caused by authority to prevent publication. To prohibit the intent to excite those unfavorable sentiments against those who administer the Government is equivalent to a prohibition of the actual excitement of them, and to prohibit the actual excitement of them is equivalent to a prohibition of discussions having that tendency and effect, which, again, is equivalent to a protection of those who administer the Government, if they should at any time deserve the contempt or hatred of the people, against being exposed to it by free animadversions on their characters and conduct. There is nothing new in the fact that charges of reprehensible conduct may create resentment and the disposition to resort to violent means of redress, but this well understood tendency did not alter the determination to protect the press against censorship and restraint upon publication. [... ] The danger of violent reactions becomes greater with effective organization of defiant groups resenting exposure, and if this consideration warranted legislative interference with the initial freedom of publication, the constitutional protection would be reduced to a mere form of words.“

—  Charles Evans Hughes
', 283 U.S. 697 (1931).

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