William J. Brennan Quotes

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].

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.

We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.

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.

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.

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.

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

Capital punishment ... treats members of the human race ... as objects to be toyed with and discarded.

Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered.

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.

Our amended Constitution is the lodestar for our aspirations. Like every text worth reading, it is not crystalline. The phrasing is broad and the limitations of its provisions are not clearly marked. Its majestic generalities and ennobling pronouncements are both luminous and obscure. This ambiguity of course calls forth interpretation, the interaction of reader and text. The encounter with the Constitutional text has been, in many senses, my life's work.

Clerks get into the damnedest wrangles
which is the way they help me.

The Bill of Rights never gets off the page and into the lives of most Americans.

The framers knew that liberty is a fragile thing, and so should we.

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.

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.

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.

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.

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.

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.

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.

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.

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.

There is no such thing as a false idea.

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.

Lawyers, before any other group, must continue to point out how the system is really working-how it actually affects real people. They must constantly demonstrate to courts and legislatures alike the tragic results of legal nonintervention. They must highlight how legal doctrines no longer bear any relation to reality, whether in landlord and tenant law, holder in due course law, or any other law. In sum, lawyers must bring real morality into the legal consciousness

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.

Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.

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.

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.