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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
Authoritative interpretations of the First Amendment guarantees have consistently refused to recognize an exception for any test of truth whether administered by judges, juries, or administrative officials and especially one that puts the burden of proving truth on the speaker.
William J. Brennan
The quest for freedom, dignity, and the rights of man will never end.
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
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
Law cannot stand aside from the social changes around it.
William J. Brennan
Capital punishment...treats members of the human race...as objects to be toyed with and discarded.
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
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
Sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to prurient interest.
William J. Brennan
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
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
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
After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary.
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
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
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
We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.
William J. Brennan
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
Clerks get into the damnedest wrangles--which is the way they help me.
William J. Brennan
The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.
William J. Brennan