Brennan, William J(oseph), Jr.

born April 25, 1906, Newark, N.J., U.S.

died July 24, 1997, Arlington, Va.

U.S. jurist.

He studied under Felix Frankfurter at Harvard Law School, receiving his degree in 1931. He practiced labour law in New Jersey until 1949, when he was appointed to the state Superior Court. He rose through the ranks of the New Jersey courts, where he was noted for his administrative skill. Although a Democrat, he was named to the Supreme Court of the United States by Republican Pres. Dwight D. Eisenhower in 1956. He came to be regarded as one of the most influential jurists in its history. A liberal constructionist and an articulate defender of the Bill of Rights, he is perhaps best remembered for his role in a series of obscenity cases, beginning with Roth v. United States (1957), many of which broadened the protection accorded to publishers while seeking to balance individual freedoms with the interests of the community. In New York Times v. Sullivan (1964), he wrote that even false statements about public officials are protected under the 1st and 14th Amendments unless "actual malice" can be demonstrated. He also wrote the majority opinion in Baker v. Carr (1962). He opposed capital punishment and supported abortion rights, affirmative action, and school desegregation. He served until 1990; his decisions numbered more than 1,350.

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