U.S. Supreme Court justice (1886-1971)
Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement... No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution--of whatever race, creed, or persuasion.
HUGO BLACK
Chambers v. Florida, 1940
Our Founders were no more willing to let the content of their prayers and their privilege of praying whenever they pleased be influenced by the ballot box than they were to let these vital matters of personal conscience depend upon the succession of monarchs. The First Amendment was added to the Constitution to stand as a guarantee that neither the power nor the prestige of the Federal Government would be used to control, support or influence the kinds of prayer the American people can say -- that the people's religions must not be subjected to the pressures of government for change each time a new political administration is elected to office.
HUGO BLACK
Engel v. Vitale, 1962
It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body truly representative of the community. For racial discrimination to result in the exclusion from Jury service of otherwise qualified groups not only violates our Constitution and the laws enacted under it, but is at war with our basic concepts of a democratic society and a representative government.
HUGO BLACK
Smith v. Texas, 1940
Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law.
HUGO BLACK
Korematsu v. United States, 1944
It is my belief that there are "absolutes" in our Bill of Rights, and that they were put there on purpose by men who knew what the words meant and meant their prohibitions to be "absolutes."
HUGO BLACK
James Madison Lecture at the New York University School of Law, February 17, 1960
The layman's Constitutional view is that what he likes is Constitutional and that which he doesn't like is un-Constitutional. That about measures up the Constitutional acumen of the average person.
HUGO BLACK
The New York Times, February 25, 1971
All legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional.
HUGO BLACK
Korematsu v. United States, 1944
In revealing the workings of government that led to the Vietnam War, the newspapers nobly did precisely that which the Founders hoped and trusted they would do.
HUGO L. BLACK
judicial opinion, New York Times Co. v. United States, June 30, 1971
The liberty of every American citizen freely to come and to go must frequently, in the face of sudden danger, be temporarily limited or suspended. The civil authorities must often resort to the expedient of excluding citizens temporarily from a locality.
HUGO BLACK
Korematsu v. United States, 1944
The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.
HUGO BLACK
Everson v. Board of Education, 1947
No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.
HUGO BLACK
Wesberry v. Sanders, 1964
I fear to see the consequences of the Court's practices of substituting its own conceptions of decency and fundamental justice for the language of the Bill of Rights as its point of departure in interpreting and enforcing that Bill of Rights.... To hold that this Court can determine what, if any, provisions of the Bill of Rights will be enforced, and if so to what degree, is to frustrate the great design of a written Constitution.
HUGO BLACK
Adamson v. California, 1947
Our constitution shows one thing pretty clearly. While the Founders wanted a stable government, they were also afraid of it.
HUGO BLACK
attributed, Hugo L. Black: Cold Steel Warrior
Business in America can give jobs or doles.
HUGO BLACK
attributed, Hugo L. Black: Cold Steel Warrior
Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'.
HUGO BLACK
Everson v. Board of Education, 1947
The First Amendment provides the only kind of security system that can preserve a free government--one that leaves the way wide open for people to favor, discuss, advocate, or incite causes and doctrines however obnoxious and antagonistic such views may be to the rest of us.
HUGO BLACK
Yates v. United States, 1957
The time has arrived when those who favor fitting laws to modern needs in order to correct and cure social and industrial injustice must face their problems squarely and fairly. Everybody knows that Supreme Court decisions by a bare majority have for years been thrown as impassable barriers in the way of the solemn and well-matured legislative plans supported by the people.
HUGO BLACK
attributed, The Supreme Court Justices: A Biographical Dictionary
An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.
HUGO BLACK
New York Times Co. v. United States, 1971
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
HUGO BLACK
New York Times Co. v. United States, 1971
The First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere.
HUGO BLACK
McCollum v. Board of Education, 1948