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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

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William J. Brennan
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More quotes by William J. Brennan

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If we are to be as a shining city upon a hill, it will be because of our ceaseless pursuit of the constitutional ideal of human dignity.
William J. Brennan
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There is no such thing as a false idea.
William J. Brennan
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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
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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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Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan
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All ideas having even the slightest redeeming social importance - unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion, have the full protection of the guarantees [of the First Amendment].
William J. Brennan
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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
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Use of a mentally ill person's involuntary confession is antithetical to the notion of fundamental fairness embodied in the due process clause.
William J. Brennan
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At bottom, the battle has been waged on moral grounds. The country has debated whether a society for which the dignity of the individual is the supreme value can, without a fundamental inconsistency, follow the practice of deliberately putting one of its members to death.
William J. Brennan
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The Bill of Rights never gets off the page and into the lives of most Americans.
William J. Brennan
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If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
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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The public schools are supported entirely, in most communities, by public funds-funds exacted not only from parents, nor alone from those who hold particular religious views, nor indeed from those who subscribe to any creed at all.
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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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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We current justices read the Constitution in the only way that we can: as 20th-century Americans.
William J. Brennan
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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
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The Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.
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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The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law.
William J. Brennan