First Amendment Quotes

 I think we have some serious problems now, but, if you look back over the last thirty or forty years that my book deals with, I think we are in better shape now than we would have been if all of those cases had not come down. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 CBS exhausted the Texas courts. They went from the trial court to the intermediate court to the highest court. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 Here we have a situation where a defendant in a case agrees to an interview with Dan Rather. It happened to be not confidential. But it was an interview with Dan Rather. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I know a lot of reporters certainly will go to jail to defend confidential sources. Some have even gone to jail for an issue like this. But I can't say that's the norm. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I mean the idea of this is that it's a good thing for the public to hear interviews like this and that there will be an inevitable amount of fewer interviews if people that the press talks to wind up thinking, well, it's not really a CBS correspondent. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I am really impressed by lawyers who write books and tell us that they never lost a case. Most lawyers who have never lost a case have not had enough hard cases. But there are very difficult cases out there. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I can tell you, having been in court today in New York, that the requests for the video outtakes have been dropped. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I just had the sense that at least the books that I had read about law just didn't really have enough of that. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I decided that these are not secrets in the sense that once you know what the strategy was you'll be able next time to feed i 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I really believe that a lawyer - no matter how good - if he or she is really worth their weight in salt, they will lose some cases because, after all, it is not really one of those secretive things that not everything is decided by who your lawyer is. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I really did try to write it so that an educated public that cares about issues like this doesn't have to be a lawyer and can read it and understand it. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I really do think that if we had lost that case we would really live in a country that would be really quite different. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I really try at least to come back and answer the question as to whether that was really the best way to do that and was I really thinking straight and how did my opponents behave and how did the judges behave was needed. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I still owe a duty of loyalty to my clients and former clients, so I cannot specify which clients I did not especially find congenial, but the cause was the same. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I think that it is important for people to understand that whether a good-guy or a bad-guy wins a case is less important than what the law is that the case results in. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I thought I could do that by telling stories of some of the cases that established those principles on a real life on the ground basis. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It just seems to be a human trait to want to protect the speech of people with whom we agree. For the First Amendment, that is not good enough. So it is really important that we protect First Amendment rights of people no matter what side of the line they are on. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It is within the last quarter century or thirty years. And a lot of that law has turned out to be very, very protective of the press and the public's right to know. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It is not to benefit CBS, not to benefit its reporters. On this one, the entire basis of it is this is a way to get more information, more important information to the public. And that's why so many states recognize this. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It has something to do with the facts and the law and who the judges are. So I think lawyers sometimes exaggerate their role in winning and losing. Lawyers do have a role, and a major role, but they're not the only players in this game. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I would say that the Pentagon Papers case of 1971 - in which the government tried to block The New York Times and The Washington Post that they obtained from a secret study of how we got involved in the war in Vietnam - that is probably the most important case. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I try to do that in this book without preaching - to try to do as you just said that you really have to defend the First Amendment rights of everybody. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 If the word gets out, if the perception exists that by speaking to a CBS journalist you are, therefore, inevitably, immediately speaking to the police, I don't think there's any doubt but that people won't talk. And, therefore, the public won't learn. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 This is going right to the police. So, it's a very dangerous precedent. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 The government understands - every government, every administration, both parties, understands - that that power, they just don't have. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 There are some circumstances in which the First Amendment interest comes up against another interest that is really important and in which we have to make a decision in a particular case as to which is more important. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 The government would be able to go to court with respect to newspaper articles, broadcast pieces and the like that they thought were bad or harmful or even against the government and try to block them. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It's a competing interest that matters. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 The question at the end of the day was, the courts having found there was no defense, a producer about to go to jail, should CBS in effect tell the producer go to jail even though there is no law at all that we can use to get you out of jail? 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 The principle though remains the same, and the important thing is CBS fought hard, very hard, to protect that principle and will fight again. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 So sometimes the facts are good and sometimes the facts are bad, the important thing from the point of view of a principle as broad and important as freedom of speech is that the courts articulate and set forth in a very protective way what those principles are. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It's not like learning how to hit a curve ball in baseball. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 No other country in the world gives protection like that, but it is not absolute protection. People sometimes meet that high burden and win libel suits, and in those cases I think they ought to win. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 My role in it was not as central as it was in some of the later cases considering I was younger then and I was playing a role of co-counsel on the case.  
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 When I began we did not really have a lot of First Amendment law. It is really surprising to think of it this way, but a lot of the law - most of the law that relates to the First Amendment freedom of the press in America - is really within living memory. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 Were this not Texas, were there not a state where there were no protections at all and where the law was clear on that, I think CBS and Mary Mapes and Dan Rather and all of us had a very good chance of winning. So this is an ongoing battle about an issue of principle. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 In August 1967 I spent a few days in New Delhi, visiting a friend who had been a law school classmate seven years earlier. She was a princess - a genuine one, from a still-powerful regal family. In New York, when we were studying together, I had taken her to a Yankee game. In New Delhi she reciprocated by taking me to her fortune-teller - not just hers, but that of a bevy of Indian leaders, including former Prime Minister Jawaharlal Nehru and his daughter and successor as prime minister, Indira Gandhi.... Before I was thirty-five, he said, I would go to my country's capital to work on something that was important. The work, he said, would make me famous. It was not the sort of prediction that one entirely forgets. I was then thirty-one. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 I then described two of my favorite First Amendment cases, the first of which was the 1966 Supreme Court ruling in Mills v. Alabama.... The other case was commenced by a Miami labor leader, Pat Tornillo, who was a candidate for the Florida House of Representatives. The Miami Herald had published editorials criticizing Tornillo; the union leader had responded by demanding that the Herald publish, verbatim, replies he had written to each editorial. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 CBS fought very hard on this because it believed and believes that there's a principle at stake here. The principle is that Dan Rather doesn't work for the police, and that people that speak to Dan Rather understand that he's a journalist and not a police agent. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  
 It just seems to be a human trait to want to protect the speech of people with whom we agree. For the First Amendment, that is not good enough. So it is really important that we protect First Amendment rights of people no matter what side of the line they are on. 
Author: Floyd Abrams
Nationality: American
b. 9 July 1936
  




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