Legal writing

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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.

Establishing the American legal standard for obscenity, which does not receive First Amendment protection.

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Brennan, William J, Jr. United States, Supreme Court. Roth v. United States. United States Reports, vol. 354, 24 June 1957, pp. 476-514. supreme.justia.com/cases/federal/us/354/476/.

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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 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.

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Brennan, William J, Jr. United States, Supreme Court. Roth v. United States. United States Reports, vol. 354, 24 June 1957, pp. 476-514. supreme.justia.com/cases/federal/us/354/476/.

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There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.

Robert H. Jackson

Brown v. Allen

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Jackson, Robert H. United States, Supreme Court. Brown v. Allen. United States Reports, vol. 344, 9 Feb. 1953, pp. 443. Justia, https://supreme.justia.com/cases/federal/us/344/443/.

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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.

Eisentadt v. Baird

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Brennan, William J, Jr. United States, Supreme Court. Eisentadt v. Baird. United States Reports, vol. 405, 22 Mar. 1972, pp. 438-472. supreme.justia.com/cases/federal/us/405/438/.

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No society, certainly not a large and heterogenous one, can fail in time to explode if it is deprived of the arts of compromise, if it knows no ways of muddling through. No good society can be unprincipled; and no viable society can be principle-ridden.

Alexander M. Bickel

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The Least Dangerous Branch

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Bickel, Alexander M. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. The Bobbs-Merrill Co., 1962, ch. 2.

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Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas.

Lewis F. Powell, Jr.

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Gertz v. Robert Welch, Inc.

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Powell, Lewis F., Jr. United States, Supreme Court. Gertz v. Robert Welch, Inc. United States Reports, vol. 418, 25 June 1974, pp. 323-404. https://supreme.justia.com/cases/federal/us/418/323/.

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Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void.

John Marshall

Marbury v. Madison

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Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.

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The day that this country ceases to be free for irreligion, it will cease to be free for religion—except for the sect that can win political power.

Robert H. Jackson

Zorach v. Clauson

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Jackson, Robert H. Dissenting Opinion. Zorach v. Clauson. United States Reports, vol. 343, 28 Apr. 1952, pp. 323-325. Justia, supreme.justia.com/cases/federal/us/343/306/.

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In my judgment, this new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.

Alberto Gonzales

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On the war on terrorism.

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Gonzales, Alberto R. Memorandum to George W. Bush. 25 Jan. 2002.

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The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance… Various guarantees create zones of privacy.

William O. Douglas

Grisworld v. Connecticut

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Douglas, William O. United States, Supreme Court. Griswold v. Connecticut. United States Reports, vol. 381, 7 June 1965, pp. 479–531. Justia, supreme.justia.com/cases/federal/us/381/479/.

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A word is not a crystal, transparent and unchanged, it is the skin of a living thought, and may vary greatly in color and content according to the circumstances and the time in which it is used.

Oliver Wendell Holmes, Jr.

Towne v. Eisner

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Towne v. Eisner. United States Reports, vol. 245, 7 Jan. 1918, pp. 418-427. Justia, supreme.justia.com/cases/federal/us/245/418/.

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To establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.

Nicholas Conyngham Tindal

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M'Naghten's Case

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Tindal, Nicholas Conyngham. Delivering an exposition of the rules. M'Naghten's Case. c. 1843, Palace of Westminster, London, England, UK.

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It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account.

Oliver Wendell Holmes, Jr.

Adkins v. Children's Hospital

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Adkins v. Children's Hospital. United States Reports, vol. 261, 9 Apr. 1923, pp. 567-571. Justia, supreme.justia.com/cases/federal/us/250/616/.

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The conception of political equality from the Declaration of Independence, to Lincoln's Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing—one person, one vote.

William O. Douglas

Gray v. Sanders

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Douglas, William O. United States, Supreme Court. Gray v. Sanders. United States Reports, vol. 372, 17 June 1963, pp. 368-372. Justia, supreme.justia.com/cases/federal/us/372/368/.

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Man was formed for society.

William Blackstone

Commentaries on the Laws of England

Buy Commentaries on the Laws of England at Amazon Buy Commentaries on the Laws of England at Amazon

Read Commentaries on the Laws of England, Book I at Project Gutenberg

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Original Citation

Blackstone, William. Commentaries on the Laws of England: Book the First. Oxford: Clarendon Press, 1765, introduction, sec. 2.

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Current Citation

Blackstone, William. Commentaries on the Laws of England: Book I Of the Rights of Persons, edited by David Lemmings. Oxford University Press, 2016, introduction, sec. 2.

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Justice is the constant and perpetual wish to render to every one his due.

Justinian I

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Original Citation

Justinian. "Institutiones Justinani [Institutes of Justinian]." Corpus Iurus Civilis [Body of Civil Law]. c. 533, b. 1, ch. 1, para. 1.

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Current Citation

Justinian. Justinian's Institutes, translated by Peter Birks and Grant McLeod. Cornell University Press, 1987, bk. 1, ch. 1, para. 1.

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We must never forget that it is a Constitution we are expounding.

John Marshall

McCulloch v. Maryland

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Marshall, John. United States, Supreme Court. McCulloch v. Maryland. United States Reports, vol. 17, 5 Mar. 1819, pp. 316-437. Justia, supreme.justia.com/cases/federal/us/17/316/.

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The power to tax involves the power to destroy.

John Marshall

McCulloch v. Maryland

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Marshall, John. United States, Supreme Court. McCulloch v. Maryland. United States Reports, vol. 17, 5 Mar. 1819, pp. 316-437. Justia, supreme.justia.com/cases/federal/us/17/316/.

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Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.

John Marshall Harlan

Plessy v. Ferguson

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Harlan, John Marshall. Dissenting Opinion. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 552-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens.

Sandra Day O'Connor

Hamdi v. Rumsfeld

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O'Connor, Sandra Day. United States, Supreme Court. Hamdi et al. v. Rumsfeld. United States Reports, vol. 542, 28 June 2004, pp. 507-599. Justia, supreme.justia.com/cases/federal/us/542/507/.

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