Justice William O. DouglasJustice William O. Douglas, (1898-1980), U. S. Supreme Court Justice

Famous Justice William O. Douglas Quote

“It is better, so the Fourth Amendment teaches us, that the guilty sometimes go free than the citizens be subject to easy arrest.”

Justice William O. DouglasJustice William O. Douglas
~ Justice William O. Douglas

Henry v. United States, 1959

Ratings and Comments


Logan, Memphis, TN

Unless you live in a "terrorist" world, eh?

Joe, Rochester, MI

Today, it has become "just a guideline," but the Constitution used to be the foundation upon which laws were built, not built around.

E Archer, NYC

In the name of 'security' we have allowed our government (particularly the Executive Branch) to make it easier to arrest 'terrorists', but in the end the law is applied mostly to American citizens on most any pretext -- carrying arms, criticizing government, or fitting the 'profile'.

Ken, Allyn, WA

I'll bet Douglas would never have imagined someone like O.J. Simpson. Even so, he's still right.

David L. Rosenthal

I will have to take your word for it. I have TRIED to get arrested on several occasions, without success...maybe I need a new deodorant.

Joe, Rochester, MI

Rosenthal, what did you do to try to get arrested? Archer, the Second Amendment is the original carry permit.

E Archer, NYC

The right to a lawful arrest and fair trial includes the right to defend ANY right in court as inalienable whether or not that right has been abridged by legislative statute. Right now 'federal emergency powers' are used to disarm law-abiding citizens and to intimidate (and arrest without warrant or trial) people who publicly denouce new totalitarian rules.

David L Rosenthal

Joe: I tried to get arrested for protesting without a permit, for disobeying a police order to leave places where I was lodging complaints (twice), for disobeying police orders to move farther away from a voting precinct while carrying signs (twice), and I really can't recall now the other two uninteresting incidents. When I worked for the postal service, I sometimes said openly on the workroom floor "The worst thing I could do to anyone here would be to let them live, as then they would have to keep working here, which is punishment enough for anyone." The inspectors came one day and asked whether I had said this, and I answered that I had said exactly that. Then they asked what I had meant, and I said that I had meant exactly what I said. Later, I was removed from employment, for stating that "I could have strangled" my manager, but a year and a month later I was reinstated with back pay and benefits. After all, I did not threaten to strangle anyone. I could have.

David L. Rosenthal

Archer: I do not have an accurate count of the number of letters and e-mails I have sent to hundreds of people, as well as the major press outlets, severely criticizing the federal government for a variety of abusive practices. No one arrests me, threatens me, tells me to shut up, insinuates a threat, or otherwise shows signs of life. What am I doing wrong? One day at a protest, I shouted that a certain public official should be burned, not in effigy. Am I such a terrible figure that no one dares to approach me, even armed? I do not think so. I guess maybe they just see me as a total nut-case. But still, no response?

David L Rosenthal

Oh, Joe, I had forgotten: Until fairly recently I had sent letters to several government agencies, including the White House and the CIA and the people "in charge" of the Cuban transition problem, criticizing the government's handling of the Castro problem and stating clearly that I intended to participate in an invasion of Cuba to overthrow the Castro regime. No response. I must be a dangerous nut-case, huh?

Joe, Rochester, MI

David, let someone else do something remotely similar to your threats and letters, then see if the government doesn't come smashing thru your front door with a dozen agents.

Me Again
  • Reply
Me Again    11/23/06

I think that there can be a better balance.Somehow.

E Archer, NYC

Well, David, yes, you are a nut case, and keep it up -- insanity is a good defense. What would the authorities care about your desire to overthrow the Cuban government? It is hardly a challenge to authoritarian rule at home. Just try to keep your guns if FEMA comes to your neighborhood after a hurricane, or try simply protesting a law by breaking it. See, you have to actually stop colluding with fascist government to get arrested, not propose more versions of it. The fact is your views are not a threat to fascism -- they are very much in tune with it.

Cynthia, South Texas

Good quote. Stop fighting guys!!!

t. parr, sonoma ca

E. Archer, Don't stop speaking out.

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