"Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears"
About this Quote
The witch-burning example is a surgical piece of moral jujitsu. Brandeis drags the reader to a scene where “public safety” collapses into superstition and cruelty, reminding us that collective panic has historically dressed itself up as protection. “Men feared witches and burnt women” is not antique trivia; it’s an accusation about how majorities manufacture threats and then punish the vulnerable to feel in control. The subtext: today’s “dangerous speakers” can be yesterday’s “witches,” and the state is often a willing accomplice.
Context matters: Brandeis wrote in an America anxious about radicals, labor unrest, and wartime disloyalty, when courts were asked to bless censorship as a public-order measure. He reframes speech as a social technology for reality-testing. Speech, in his telling, is not merely a right to be tolerated; it’s the mechanism by which a democracy detoxes from irrational fear. Suppress it, and the fear doesn’t disappear - it metastasizes into policy.
Quote Details
| Topic | Freedom |
|---|---|
| Source | Whitney v. California, 274 U.S. 357 (1927), concurring opinion of Justice Louis D. Brandeis (contains the passage beginning "Fear of serious injury..." regarding free speech and irrational fears). |
| Cite |
Citation Formats
APA Style (7th ed.)
Brandeis, Louis D. (2026, January 16). Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. FixQuotes. https://fixquotes.com/quotes/fear-of-serious-injury-alone-cannot-justify-128842/
Chicago Style
Brandeis, Louis D. "Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears." FixQuotes. January 16, 2026. https://fixquotes.com/quotes/fear-of-serious-injury-alone-cannot-justify-128842/.
MLA Style (9th ed.)
"Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears." FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/fear-of-serious-injury-alone-cannot-justify-128842/. Accessed 9 Feb. 2026.










