May the state fence in the harmless mentally ill solely to save its citizens from exposure to those whose ways are different? One might as well ask if the state, to avoid public unease, could incarcerate all who are physically unattractive or socially eccentric.

We are concerned here only with the imposition of capital punishment for the crime of murder, and when a life has been taken deliberately by the offender, we cannot say that the punishment is invariably disproportionate to the crime. It is an extreme sanction suitable to the most extreme of crimes.

The equal protection standard of the constitution has one clear and central meaning - it absolutely prohibits invidious [repugnant] discrimination by government...Under our Constitution, any official action that treats a person differently on account of his race or ethnic origin is inherently [by nature] suspect and presumptively [probably] invalid...Under the Constitution we have, one practice in which government may never engage in the practice of racism - not even "temporarily" and not even as an "experiment."

The right to enjoy property without unlawful deprivation, no less that the right to speak out or the right to travel is, in truth, a "personal" right.

For me this is not something that can be swept under the rug and forgotten in the interest of forced Sunday togetherness.

I shall not today attempt further to define the kinds of material but I know it when I see it.

The right to defy an unconstitutional statute is basic in our scheme. Even when an ordinance requires a permit to make a speech, to deliver a sermon, to picket, to parade, or to assemble, it need not be honored when it's invalid on its face.