These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed.The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government.

Charles Evans Hughes, Sr. (1862-1948) American statesman, politician, Supreme Court Justice (1910-1916, 1930-1941)
De Jonge v. Oregon, 299 U.S. 353, 364-365 (1937) [majority]
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Added on 8-Sep-22 | Last updated 8-Sep-22
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