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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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William J. Brennan
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More quotes by William J. Brennan
Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan
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
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
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
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
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
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
Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
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
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
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
Law cannot stand aside from the social changes around it.
William J. Brennan
If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion.
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
Capital punishment...treats members of the human race...as objects to be toyed with and discarded.
William J. Brennan
Clerks get into the damnedest wrangles--which is the way they help me.
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
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
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