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> As Justice Robert Jackson put it in 1949, “if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitution
by AlbertCory 2y ago
> As Justice Robert Jackson put it in 1949, “if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.”
This is similar to the frequent misuse of the "free speech does not include the right to shout 'fire' in a crowded theater" quote. Oliver Wendell Holmes said that in a decision upholding punishment for distributing anti-WW I leaflets, the same law that sent Eugene Debs to prison. In other words, it was not something to be proud of.
The "suicide pact" quote just said that protecting public safety always tempered Free Speech rights. Note that Judge Jackson didn't condemn hate speech, or hurting people's feelings, or supporting dangerous political candidates.
In other words, the First Amendment is not out of control. We already had all the limits we need.