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The calculated killing of a human being by the state involves, by its very nature, an absolute denial of the executed person's humanity. The most vile murder does not, in my view, release the state from constitutional restraint on the destruction of human dignity.

William J. Brennan

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More quotes by William J. Brennan

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Consequences flow from a justice's interpretation in a direct and immediate way. A judicial decision respecting the incompatibility of Jim Crow with a constitutional guarantee of equality is not simply a contemplative exercise in defining the shape of a just society. It is an order
William J. Brennan
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No doubt, there are those who believe that judges - and particularly dissenting judges - write to hear themselves say, as it were, 'I, I, I.' And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions.
William J. Brennan
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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
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The quest for freedom, dignity, and the rights of man will never end.
William J. Brennan
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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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Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan
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Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
William J. Brennan
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We do not consecrate the flag by punishing its desecration, for in doing so, we dilute the freedom this cherished emblem represents.
William J. Brennan
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It is difficult to understand precisely what the state hopes to achieve by promoting the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare and crime.
William J. Brennan
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We cannot let colorblindness become myopia which masks the reality that many created equal have been treated within our lifetimes as inferior both by the law and by their fellow citizens.
William J. Brennan
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There is no such thing as a false idea.
William J. Brennan
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The door of the Free Exercise Clause stands tightly closed against any government regulation of religious beliefs as such. Government may neither compel affirmation of a repugnant belief, nor penalize or discriminate against individuals or groups because they hold views abhorrent to the authorities.
William J. Brennan
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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
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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
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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
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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
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Our statute books gradually became laden with gross, stereotyped distinctions between the sexes and, indeed, throughout much of the 19th century the position of women in our society was, in many respects, comparable to that of blacks under the pre-Civil War slave codes.
William J. Brennan
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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
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After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary.
William J. Brennan
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It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined.
William J. Brennan