Implicit in the term `national defense’ is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which makes the defense of the Nation worthwhile.
-Chief Justice Earl Warren, United States v. Robel (1967)
Prescient, in light of the current administration wanting to claim association with "known terrorists" is itself grounds for warrantless wiretapping in the name of national defense, is it not? Then again, we are faced now with the bold return of the McCarthyism of Chief Justice Warren's lifetime, so perhaps it is not so much prescient as it is reflective.
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