United States v. Schwimmer

It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to "take up arms personally" in defense of the United States.

And, in order to safeguard against admission of those who are unworthy, or who for any reason fail to measure up to required standards, the law puts the burden upon every applicant to show by satisfactory evidence that he has the specified qualifications."

"And their opinions and beliefs as well as their behavior indicating a disposition to hinder in the performance of that duty are subjects of inquiry under the statutory provisions governing naturalization and are of vital importance, for if all or a large number of citizens oppose such defense the 'good order and happiness' of the United States cannot long endure."

The reason for her pacifism is immaterial because she is not yet a citizen who possesses the rights of citizenship that allow for conscientious objection.Surely it cannot show lack of attachment to the principles of the Constitution that she thinks that it can be improved.

The case is best known, however, for Justice Holmes's phrase concerning "freedom for the thought that we hate," which has become a favorite statement of the underlying principles of free speech embodied in the First Amendment.