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...ground that it violated the First Amendment's protection of free speech, the Supreme Court last week threw out a law Congress subsequently passed to circumvent that ruling. The 5-to-4 vote was the same as before: conservative Reagan appointees Antonin Scalia and Anthony Kennedy joined William Brennan, Thurgood Marshall and Harry Blackmun in ruling that even offensive forms of political expression -- in fact, especially those offensive forms -- were what the Constitution was designed to protect. "Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered," Brennan wrote for the majority...

Author: /time Magazine | Title: Hiding in The Flag | 6/25/1990 | See Source »

...chess club, a scuba diving club, or a French club -- without having formal classes in those subjects -- you must also open your doors to every religious, political, or social organization, no matter how controversial or distasteful its views may be? I think not." Even Justices Thurgood Marshall and William Brennan, who concurred with the majority ruling, expressed serious reservations. In order to preserve the separation of church and state and counteract peer pressures, the pair insisted, schools must "make clear that their recognition of a religious club does not reflect their endorsement of the views of the club's participants...

Author: /time Magazine | Title: Law: Let Us Pray | 6/18/1990 | See Source »

...Mike Brennan (Nick Nolte) is a good cop. He is also a murderer and a racist -- but then, in this study of New York's finest, who isn't? Director Sidney Lumet creates an atmosphere of relentless, compelling viciousness, where cops and crooks have the same dirt under their nails -- and on their tongues...

Author: /time Magazine | Title: Critics' Voices: May 14, 1990 | 5/14/1990 | See Source »

...crime. Writing for the majority, Justice White said that Ohio legitimately sought to "destroy a market for the exploitative use of children." The case, which arose when Clyde Osborne, 66, was prosecuted for possessing sexually explicit photographs of young males, brought forth a stern dissent from Justice William Brennan. "Mr. Osborne's pictures may be distasteful, but the Constitution guarantees both his right to possess them privately and his right to avoid punishment under an overbroad...

Author: /time Magazine | Title: Law: A Victory for Integration | 4/30/1990 | See Source »

...decision that the National Labor Relations Board does not have to assume that workers hired as strikebreakers are opposed to union representation. That makes it easier for a union to prove it has majority support. Justice Thurgood Marshall wrote the opinion, joined by Chief Justice William Rehnquist and Justices Brennan, White and Stevens. "Replacements may in some circumstances desire union representation despite their willingness to cross the picket line," wrote Marshall. The likely impact: employers who hire replacements for striking workers will find it more difficult to oust their union...

Author: /time Magazine | Title: Law: A Victory for Integration | 4/30/1990 | See Source »

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