John Marshall Harlan II

“ In particular in this case, I agree that principles of justice to which due process gives expression, as reflected in decisions of this Court, prohibit a State, as the Fifth Amendment prohibits the Federal Government, from imprisoning a person solely because he refuses to give evidence which may incriminate him under the laws of the State. ”

“ For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions-principles which the Fourteenth Amendment embodies in the general terms of its due process clause.'
The coerced confession and search and seizure cases have already been considered. The former, decided always directly on grounds of fundamental fairness, furnish no support for the Court's present views. ”

“ We think that a merely remote and naked possibility, out of the ordinary course of law and such as no reasonable man would be affected by, should not be suffered to obstruct the administration of justice. ”

“ Justice Cardozo made the independence of the Due Process Clause from the provisions of the first eight Amendments explicit:
'Fundamental * * * in the concept of due process, and so in that of liberty, is the thought that condemnation shall be rendered only after trial. Scott v. McNeal, 154 U.S. 34, 14 S.Ct. 1108, 38 L.Ed. 896; Blackmer v. United States, 284 U.S. 421, 52 S.Ct. 252, 76 L.Ed. 375. The hearing, moreover, must be a real one, not a sham or a pretense. ”

“ Cruikshank, 92 U.S. 542, 552, 23 L.Ed. 588: 'The very idea of a government, repulican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances.' The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. ”

“ That danger 'must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things-not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency, so improbable that no reasonable man would suffer it to influence his conduct. ”

“ The other five questions, treated at length in the Connecticut court's opinion, get equally short shrift from this Court; it takes the majority, unfamiliar with Connecticut law and far removed from the proceedings below, only a dozen lines to consider the questions and conclude that they were incriminating:
'The interrogation was a part of a wide-ranging inquiry into crime, including gambling, in Hartford. ”

“ Oregon, 299 U.S. 353, 364, 57 S.Ct. 255, 260, gave a similar analysis:
'Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. * * * The right of peaceable assemply is a right cognate to those of free speech and free press and is equally fundamental. As this Court said in United States v. ”