Talk:Benjamin N. Cardozo quote

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"Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom."
-Benjamin N. Cardozo, judicial opinions

Context[edit]

"This is true, for illustration, of freedom of thought and speech. Of that freedom one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom. With rare aberrations a pervasive recognition of that truth can be traced in our history, political and legal." -Benjamin N. Cardozo, Palko v. Connecticut, 302 U.S. 319, 327, (1937). (emphasis added)

The full text is at: http://caselaw.findlaw.com/us-supreme-court/302/319.html

Discussion[edit]

  • The quote at the top is a paraphrase. The Context section shows the accurate quote. I find the paraphrase a bit more "catchy" than the correct one. The court case w:Palko v. Connecticut is a disturbing story. The defendant stole a phonograph and, when confronted by police, killed two officers. He was mistakenly tried for 2nd degree murder. When the prosecutor tried to charge him with 1st degree it resulted in the "double jeopardy" court case quoted above. The court ruled that the Double Jeopardy appeal was not "essential to a fundamental scheme of ordered liberty." The defendant lost the case and was executed. --mikeu talk 04:05, 8 January 2016 (UTC)