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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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William J. Brennan
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More quotes by 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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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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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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We must meet the challenge rather than wish it were not before us.
William J. Brennan
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Capital punishment...treats members of the human race...as objects to be toyed with and discarded.
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
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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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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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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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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
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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
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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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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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The framers knew that liberty is a fragile thing, and so should we.
William J. Brennan
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There is no such thing as a false idea.
William J. Brennan
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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
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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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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
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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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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