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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 quotes by 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
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
Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan
There is no such thing as a false idea.
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
The framers knew that liberty is a fragile thing, and so should we.
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
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
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
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
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
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
Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
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 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
Capital punishment...treats members of the human race...as objects to be toyed with and discarded.
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
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
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