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William J. Brennan Quotes - Page 1

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There is no such thing as a false idea.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Government
Ideas
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Law cannot stand aside from the social changes around it.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Law
Social
Social Change
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We must meet the challenge rather than wish it were not before us.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Bad Day
Challenges
Wish
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If a policeman must know the Constitution, then why not a planner?
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Planning
Urban
Why Not
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The framers knew that liberty is a fragile thing, and so should we.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Fragile Things
Liberty
Should
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The quest for freedom, dignity, and the rights of man will never end.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Men
Quests
Rights
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Clerks get into the damnedest wrangles--which is the way they help me.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Clerks
Helping
Way
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The Bill of Rights never gets off the page and into the lives of most Americans.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Bills
Pages
Rights
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Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Emblems
Flags
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Religious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Atheism
People
Religious
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We current justices read the Constitution in the only way that we can: as 20th-century Americans.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Constitution
Justice
Way
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Capital punishment...treats members of the human race...as objects to be toyed with and discarded.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Punishment
Race
Treats
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The law is not an end in itself, nor does it provide ends. It is preeminently a means to serve what we think is right.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Law
Mean
Thinking
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Sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to prurient interest.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Interest
Obscenity
Sex
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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 / Former Associate Justice Of The Supreme Court Of The United States
Freedom
Flag Burning
Flags
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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 / Former Associate Justice Of The Supreme Court Of The United States
Religion
Cities
Shining
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We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Freedom
Doe
Political
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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 / Former Associate Justice Of The Supreme Court Of The United States
Age
Mysterious
Sex
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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 / Former Associate Justice Of The Supreme Court Of The United States
Liberty
Political
United States
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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 / Former Associate Justice Of The Supreme Court Of The United States
Fairness
Fundamentals
Use
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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 / Former Associate Justice Of The Supreme Court Of The United States
Home
Ideas
Males
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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 / Former Associate Justice Of The Supreme Court Of The United States
Married
Mean
Privacy
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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 / Former Associate Justice Of The Supreme Court Of The United States
Class
Congress
Decision
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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 / Former Associate Justice Of The Supreme Court Of The United States
Average
Law
Taken
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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 / Former Associate Justice Of The Supreme Court Of The United States
Looks
Mean
Ultimate Questions
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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 / Former Associate Justice Of The Supreme Court Of The United States
Aggravation
Disease
Flow
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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 / Former Associate Justice Of The Supreme Court Of The United States
Death Penalty
Facts
Innocent
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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 / Former Associate Justice Of The Supreme Court Of The United States
Pain
Punishment
Purpose
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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 / Former Associate Justice Of The Supreme Court Of The United States
Citizens
Law
Reality
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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 / Former Associate Justice Of The Supreme Court Of The United States
Government
Freedom Of Speech
Issues
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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 / Former Associate Justice Of The Supreme Court Of The United States
Bills
Media
Rights
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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 / Former Associate Justice Of The Supreme Court Of The United States
Principles
Punishment
Purpose
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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 / Former Associate Justice Of The Supreme Court Of The United States
Freedom
Government
Rights
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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 / Former Associate Justice Of The Supreme Court Of The United States
Government
Expression
Ideas
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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 / Former Associate Justice Of The Supreme Court Of The United States
Gone
Needs
Principles
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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 / Former Associate Justice Of The Supreme Court Of The United States
Philosophy
Religious
School
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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 / Former Associate Justice Of The Supreme Court Of The United States
Arbitrary
Law
Punishment
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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 / Former Associate Justice Of The Supreme Court Of The United States
Religion
Ideas
Justice
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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 / Former Associate Justice Of The Supreme Court Of The United States
Religious
School
Views
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If our free society is to endure, and I know it will, those who govern must recognize that the Framers of the Constitution limited their power in order to preserve human dignity and the air of freedom which is our proudest heritage.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Air
Heritage
Order
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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 / Former Associate Justice Of The Supreme Court Of The United States
Cost
Problem
Unemployment
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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 / Former Associate Justice Of The Supreme Court Of The United States
Doe
Humanity
Views
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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 / Former Associate Justice Of The Supreme Court Of The United States
Attitude
Long
Romance
Sex
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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 / Former Associate Justice Of The Supreme Court Of The United States
War
Book
Sex
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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 / Former Associate Justice Of The Supreme Court Of The United States
Battle
Country
Practice
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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 / Former Associate Justice Of The Supreme Court Of The United States
Freedom Of Speech
Guarantees
Judging
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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 / Former Associate Justice Of The Supreme Court Of The United States
Exercise
Justice
Order
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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 / Former Associate Justice Of The Supreme Court Of The United States
Echoes
Fate
Way
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One area of law more than any other besmirches the constitutional vision of human dignity. . . . The barbaric death penalty violates our Constitution. Even the most vile murderer does not release the state from its obligation to respect dignity, for the state does not honor the victim by
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Law
People
Punishment
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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 / Former Associate Justice Of The Supreme Court Of The United States
Government
Exercise
Religious
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