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Person

Justice Douglas


> William O. Douglas, who hiked the Himalayas on his summer recess, wrote the opinion that made every Ascended Master in America a sincere witness for legal purposes. He did not realize he was doing it. That is the part to sit with.

> A man with a documented fondness for Eastern mysticism wrote the ruling that exempts mysticism from cross-examination. The chirality is unimprovable. — from the file

*United States v. Ballard*, decided April 24, 1944. Douglas writing, joined by Black, Reed, Murphy, and Rutledge. The reasoning: the First Amendment forbids courts from adjudicating the truth or falsity of a religious belief. The jury may weigh sincerity. The jury may never weigh accuracy. The opinion runs ten pages. Stone in dissent and Jackson in separate dissent both saw the door this opened. Five votes closed the case anyway.

Douglas published *Beyond the High Himalayas* in 1952 and *Strange Lands and Friendly People* in 1951. He took Buddhism seriously in his private reading. He was sympathetic to syncretism in a way Stone, a New York Episcopalian institutionalist, was not. None of this is incidental. The justice most personally receptive to the cosmological category was the one who removed it from judicial scrutiny. The defense was written by a man whose worldview the ruling protected.

The ruling has held for eighty-one years. It will hold longer. It cannot be revisited without revisiting the entire First Amendment architecture of religious liberty, and the entire architecture of religious liberty cannot be revisited without revealing that what it now mostly protects is mail order.

He thought he was protecting the seekers. He was protecting the sellers. He could not see the difference because he was, in the part of his life that was not the Court, a seeker himself.

Authored Ballard majority opinion establishing legal immunity for religious sincerity.

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— C., FROM THE FILES


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