“Jackson on Crimes Committed in the Name of Secrecy”

Security is like liberty, in that many are the crimes committed in its name. The menace to the security of this country, be it great as it may, from this girl’s admission is as nothing compared to the menace to free institutions inherent in procedures of this pattern. In the name of security, the police state justifies its arbitrary oppressions on evidence that is secret, because security might be prejudiced if it were brought to light in hearings. The plea that evidence of guilt must be secret is abhorrent to free men, because it provides a cloak for the malevolent, the misinformed, the meddlesome, and the corrupt to play the role of informer undetected and uncorrected.

–Robert H. Jackson, in United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 557 (1950)(dissenting)

Harper’s Magazine

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