The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.
William O. DouglasThe right to dissent is the only thing that makes life tolerable for a judge of an appellate court... the affairs of government could not be conducted by democratic standards without it.
William O. DouglasOne aspect of modern life which has gone far to stifle men is the rapid growth of tremendous corporations. Enormous spiritual sacrifices are made in the transformation of shopkeepers into employees... The disappearance of free enterprise has led to a submergence of the individual in the impersonal corporation in much the same manner as he has been submerged in the state in other lands.
William O. DouglasThere is no superior person by constitutional standards. An applicant who is white is entitled to no advantage by reason of that fact, nor is he subject to any disability, no matter what his race or color. Whatever his race, an applicant has a constitutional right to have his application considered on its individual merits.
William O. DouglasAny test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts." This is community censorship in one of its worst forms. It creates a regime where, in the battle between the literati and the Philistines, the Philistines are certain to win.
William O. DouglasWe recognize the force of the argument that the effects of war under modern conditions may be felt in the economy for years and years, and that if the war power can be used in days of peace to treat all the wounds which war inflicts on our society, it may not only swallow up all other powers of Congress but largely obliterate the Ninth and the Tenth Amendments as well.
William O. Douglas