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Group bySubjectSpeakerEraGenre
Person·William J. Brennan, Jr.✕clear
Freedom of speech and expression7 quotes
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, Jr. · 1957All 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 guaranties... But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance... We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not. — William J. Brennan, Jr. · 1964The chilling effect upon the exercise of First Amendment rights may derive from the fact of the prosecution, unaffected by the prospects of its success or failure. — William J. Brennan, Jr. · 1965And, precisely because it is our flag that is involved, one's response to the flag-burner may exploit the uniquely persuasive power of the flag itself. We can imagine no more appropriate response to burning a flag than waving one's own, no better way to counter a flag burner's message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by—as one witness here did—according its remains a respectful burial. We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents. — William J. Brennan, Jr. · 1989All 7 quotes →
First Amendment6 quotes
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, Jr. · 1957All 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 guaranties... But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance... We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not. — William J. Brennan, Jr. · 1964The chilling effect upon the exercise of First Amendment rights may derive from the fact of the prosecution, unaffected by the prospects of its success or failure. — William J. Brennan, Jr. · 1965Debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. — William J. Brennan, Jr. · 1964
Obscenity3 quotes
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, Jr. · 1957All 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 guaranties... But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance... We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957
American flag1 quote
And, precisely because it is our flag that is involved, one's response to the flag-burner may exploit the uniquely persuasive power of the flag itself. We can imagine no more appropriate response to burning a flag than waving one's own, no better way to counter a flag burner's message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by—as one witness here did—according its remains a respectful burial. We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents. — William J. Brennan, Jr. · 1989
Bill of Rights1 quote
Debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. — William J. Brennan, Jr. · 1964
Constitutional interpretation1 quote
We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into 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. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs. — William J. Brennan, Jr. · 1985
Constitutional law1 quote
Debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. — William J. Brennan, Jr. · 1964
Constitutional theory1 quote
We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into 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. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs. — William J. Brennan, Jr. · 1985
Contraception1 quote
If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. — William J. Brennan, Jr. · 1972
Libel and defamation1 quote
The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not. — William J. Brennan, Jr. · 1964
Oppression of women1 quote
Our Nation has had a long and unfortunate history of sex discrimination...rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage. — William J. Brennan, Jr. · 1973
Patriarchy1 quote
Our Nation has had a long and unfortunate history of sex discrimination...rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage. — William J. Brennan, Jr. · 1973
Politics1 quote
We hold that obscenity is not within the area of constitutionally protected speech or press. — William J. Brennan, Jr. · 1957
Right to privacy1 quote
If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. — William J. Brennan, Jr. · 1972
US Constitution1 quote
We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into 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. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs. — William J. Brennan, Jr. · 1985