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. BrennanWhether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
William J. BrennanReligious conflict can be the bloodiest and cruelest conflicts that turn people into fanatics.
William J. BrennanOne 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< emulating his murderer. Capital punishment's fatal flaw is that it treats people as objects to be toyed with and discarded. . . . One day the Court will outlaw the death penalty. Permanently.
William J. BrennanIf our free society is to endure, those who govern must recognize human dignity and accept the enforcement of constitutional limitations on their power conceived by the Framers . . . . Such recognition will not come from a technical understanding of the organs of government, or the new forms of wealth they administer. It requires something different, something deeper-a personal confrontation with the wellsprings of our society.
William J. Brennan