We current justices read the Constitution in the only way that we can: as 20th-century Americans.
William J. BrennanAppellant 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. BrennanThe 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. 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. 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. Brennan