Judicial Judgment Must Take Deep Account...of The

What Becomes Decisive To A Justice's Functioning On The Court In The Large Area Within Which His Individuality Moves Is His General Attitude Toward Law, The Habits Of The Mind That He Has Formed Or Is Capable Of Unforming, His Capacity For Detachment, His Temperament Or Training For Putting His Passion Behind His Judgment Instead Of In Front Of It. The Attitudes And Qualities Which I Am Groping To Characterize Are Ingredients Of What Compendiously Might Be Called Dominating Humility.

Without A Free Press There Can Be No Free Society. That Is Axiomatic. However, Freedom Of The Press Is Not An End In Itself But A Means To The End Of A Free Society. The Scope And Nature Of The Constitutional Guarantee Of The Freedom Of The Press Are To Be Viewed And Applied In That Light.

The Procrustean Bed Is Not A Symbol Of Equality. It Is No Less Inequality To Have Equality Among Unequals.

If One Starts With The Assumption That, In The Absence Of Specific Congressional Authority, A Fixed Rule Of Law Precludes Contracting Officers From Providing In A Government Contract Terms Reasonably Calculated To Assure Its Performance Even Though There Be No Money Loss Through A Particular Default, There Is No Problem. But Answers Are Not Obtained By Putting The Wrong Question, And Thereby Begging The Real One.

There Can Be No Security Where There Is Fear.