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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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More quotes by William J. Brennan

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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
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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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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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Law cannot stand aside from the social changes around it.
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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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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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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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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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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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 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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The Bill of Rights never gets off the page and into the lives of most Americans.
William J. Brennan
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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
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Clerks get into the damnedest wrangles--which is the way they help me.
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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We must meet the challenge rather than wish it were not before us.
William J. Brennan
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If a policeman must know the Constitution, then why not a planner?
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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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
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There is no such thing as a false idea.
William J. Brennan