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The framers knew that liberty is a fragile thing, and so should we.
William J. Brennan
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William J. Brennan
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More quotes by William J. Brennan
Law cannot stand aside from the social changes around it.
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
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
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
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
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
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
We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.
William J. Brennan
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
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
The quest for freedom, dignity, and the rights of man will never end.
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
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
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
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
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
We must meet the challenge rather than wish it were not before us.
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
There is no such thing as a false idea.
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