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Sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to prurient interest.
William J. Brennan
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William J. Brennan
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More quotes by William J. Brennan
You in the media ought to be ashamed of yourselves to call the provisions and the guarantees of the Bill of Rights 'Technicalities'. They're not. We are what we are because of those guarantees.
William J. Brennan
The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment.
William J. Brennan
Death is not only an unusually severe punishment, unusual in its pain, in its finality and in its enormity, but is serves no penal purpose more effectively than a less severe punishment.
William J. Brennan
Congress acknowledged that society's accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.
William J. Brennan
Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
William J. Brennan
Debate on public issues should be uninhibited, robust and wide-open and that...may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
William J. Brennan
The quest for freedom, dignity, and the rights of man will never end.
William J. Brennan
If our free society is to endure, and I know it will, those who govern must recognize that the Framers of the Constitution limited their power in order to preserve human dignity and the air of freedom which is our proudest heritage.
William J. Brennan
Perhaps the bleakest fact of all is that the death penalty is imposed not only in a freakish and discriminatory manner, but also in some cases upon defendants who are actually innocent.
William J. Brennan
More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power.
William J. Brennan
No longer is the female destined solely for the home and the rearing of the family and only the male for the marketplace and the world of ideas.
William J. Brennan
Sex, a great and mysterious motive force in human life, has indisputably been a subject of absorbing interest to mankind through the ages.
William J. Brennan
Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan
Clerks get into the damnedest wrangles--which is the way they help me.
William J. Brennan
Appellant constituted a legitimate class of one, and this provides a basis for Congress's decision to proceed with dispatch with respect to his materials.
William J. Brennan
We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be, what do the words of the text mean in our time.
William J. Brennan
The modern public school derived from a philosophy of freedom reflected in the First Amendment ... The non-sectarian or secular public school was the means of reconciling freedom in general with religious freedom.
William J. Brennan
There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of romantic paternalism which, in practical effect, put women, not on a pedestal, but in a cage.
William J. Brennan
Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
William J. Brennan
We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.
William J. Brennan