Justice Thomas on the ‘Bravery That Is Required to Secure Freedom’

In marking the twenty-fifth anniversary of Justice Clarence Thomas’s nomination to the Supreme Court, lawyers and writers have rightly celebrated the judge’s remarkable judicial opinions, especially the concurrences in dissents in which JThomas criticizes the Court for failing to vindicate the Framers’ original vision of constitutional liberty and limited government.

In my own contribution to this discussion, however, I tried to focus not just on his mind and voice, but also his courage.

And on matters of courage, there is nothing for a commentator to say that can compete with Thomas’s own words. In 2001, he received the American Enterprise Institute’s Francis Boyer Award (now known as the Irving Kristol Award), and gave the keynote speech at AEI’s annual dinner.

Thomas could have focused his remarks exclusively on constitutional law and the work of the Court—it would have made his work much, much easier. But he chose to speak on much broader themes of courage, a virtue essential to republican self-government. His remarks, titled “Be Not Afraid,” challenged Americans to reject a culture of orthodoxy and intimidation:

Today, no one can honestly claim surprise at the venomous attacks against those who take positions that are contrary to the canon laid down by those who claim to shape opinions. Such attacks have been standard fare for some time. Complaining about this obvious state of affairs does not elevate one’s moral standing. And, it is hardly a substitute for the courage that we badly need. If you trim your sails, you appease those who lack the honesty and decency to disagree on the merits, but prefer to engage in personal attacks. A good argument diluted to avoid criticism is not nearly as good as the undiluted argument, because we best arrive at truth through a process of honest and vigorous debate. Arguments should not sneak around in disguise, as if dissent were somehow sinister. One should not cowed by criticism. In my humble opinion, those who come to engage in debates of consequence, and who challenge accepted wisdom, should expect to be treated badly. Nonetheless, they must stand undaunted. That is required. And, that should be expected. For, it is bravery that is required to secure freedom.

The entire text of Thomas’s speech is available on AEI’s web site. Better still, watch the full video, including introductions by AEI’s then-president, Christopher DeMuth, and Judge Robert Bork.

Adam J. White is a research fellow at the Hoover Institution.

Related Content