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76-546: The book details the history of struggles against literary censorship, particularly in the United Kingdom and the United States of America. As the narrative develops, it turns increasingly to US First Amendment law. It tells the stories of various censorship struggles and cases throughout the twentieth century. The book is dedicated to Justice William Brennan . The title comes from Jane Heap , discussed in chapter one, which

152-408: A Republican . Cardinal Francis Spellman had asked Eisenhower to appoint a Catholic to the court. Brennan was one of two candidates who met Eisenhower's three criteria: experience on lower courts; relative youth and good health; and a Catholic. Brennan gained the attention of Herbert Brownell , United States Attorney General and Eisenhower's chief legal affairs adviser, when Brennan had to give

228-474: A "jurisprudence of original intention" as "arrogance cloaked as humility" and advocated reading the U.S. Constitution to protect rights of "human dignity". Brennan was also less interested in stare decisis or the avoidance of "absolutist" positions where the death penalty was concerned, as he believed that the deliberate taking of human life by the state, as a punishment, was inherently cruel and unusual. Brennan and Thurgood Marshall , Brennan's closest ally in

304-594: A Supreme Court justice. An outspoken liberal throughout his career, he played a leading role in the Warren Court's expansion of individual rights. Brennan played a behind-the-scenes role during the Warren Court, coaxing more conservative colleagues to join the Court's decisions. Brennan's opinions with respect to voting ( Baker v. Carr ), criminal proceedings ( Malloy v. Hogan ), the free speech and establishment clauses of

380-502: A case which the Court did take which failed to vacate a sentence of death. Brennan also authored a dissent from the denial of certiorari in Glass v. Louisiana . In Glass , the Court chose not to hear a case that challenged the constitutionality of the use of the electric chair as a form of execution. Brennan wrote: Th[e] evidence suggests that death by electrical current is extremely violent and inflicts pain and indignities far beyond

456-696: A cause of action under the Federal Tort Claims Act ). During the same period, Brennan began to adopt and promote a coherent and expansive vision of personal jurisdiction . He authored the sole dissent in Helicopteros Nacionales de Colombia, S. A. v. Hall , defining minimum contacts very broadly for the purposes of general jurisdiction , and influential dissents and partial concurrences in World-Wide Volkswagen Corp. v. Woodson and Asahi Metal Industry Co. v. Superior Court on

532-533: A combined force of Israeli, British, and French troops invaded Egypt to topple Gamal Abdel Nasser and seize the recently nationalized Suez Canal . The resolution of the latter crisis rapidly moved to the United Nations, and the Hungarian revolt was brutally crushed within a few days by re-deployed Soviet troops. Eisenhower condemned both actions, but was unable to help Hungary; he did, however, forcefully pressure

608-583: A comfortable lead in the polls throughout the campaign. Eisenhower was also helped by his handling of two developing foreign-policy crises that occurred in the weeks before the election. In the Soviet-occupied People's Republic of Hungary , many citizens had risen in revolt in the Revolution of 1956 against Soviet domination, but the Soviets responded by invading the country on October 26. Three days later,

684-474: A core of liberal Democrats, but held no office and had no real base. He defeated New York Governor W. Averell Harriman and several other candidates on the first presidential ballot of the 1956 Democratic National Convention . Stevenson called for a significant increase in government spending on social programs and a decrease in military spending. With the end of the Korean War and a strong economy, Eisenhower

760-587: A fictitious "Joe Smith" for vice president to prevent a unanimous vote. Adlai Stevenson, the Democratic Party's 1952 nominee, fought a tight primary battle with populist Tennessee Senator Estes Kefauver for the 1956 nomination. Kefauver won the New Hampshire primary unopposed (though Stevenson won 15% on write-ins). After Kefauver upset Stevenson in the Minnesota primary , Stevenson, realizing that he

836-479: A more debilitating stroke if he kept working. Throughout retirement, Brennan maintained a friendly relationship with his successor, David Souter . In 1995, the Brennan Center for Justice opened at New York University , a research institute created at the initiative of several of Brennan's former clerks, and named in his honor. In November 1996, Brennan fell and broke his hip, and underwent rehabilitation for

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912-452: A number of states then left their "favorite son" candidates and switched to Kefauver, giving him the victory. Kennedy then gave a gracious concession speech. The defeat was a boost for Kennedy's long-term presidential chances: as a serious contender, he gained favorable national publicity, yet by losing to Kefauver he avoided blame for Stevenson's loss to Eisenhower in November. The vote totals in

988-645: A plaintiff has a cause of action for money damages (compensatory and punitive) arising solely out of an alleged violation of the Bill of Rights. In Bivens v. Six Unknown Named Agents , Brennan so held with respect to the Unreasonable Search and Seizure clause of the Fourth Amendment . In Davis v. Passman , Brennan extended this rationale to the equal protection component of the Due Process Clause of

1064-1044: A protest to the civil rights movement. This was a continuation of the former Dixiecrat party from 1948. The states of Tennessee, Arkansas, Texas, and Virginia went a step farther, nominating Thomas Andrews for president, meanwhile in Kentucky they nominated senator Harry Byrd for president. The remaining states of Mississippi, South Carolina, Alabama, and Louisiana, left their electors as "Unpledged". Source (Popular Vote): Leip, David. "1956 Presidential Election Results" . Dave Leip's Atlas of U.S. Presidential Elections . Retrieved August 1, 2005 . Source (Electoral Vote): "Electoral College Box Scores 1789–1996" . National Archives and Records Administration . Retrieved August 1, 2005 . Source: Margin of victory less than 1% (24 electoral votes): Margin of victory less than 5% (14 electoral votes): Margin of victory over 5%, but under 10% (46 electoral votes) Tipping point state: Alabama faithless elector W. F. Turner , who

1140-538: A second time Democrat Adlai Stevenson II , former Illinois governor . This election was the sixth and most recent rematch in American presidential history. It was the second time in which the winner was the same both times, the first being William McKinley 's victories over William Jennings Bryan in 1896 and 1900 . This was the last election before term limits established by the Twenty-second Amendment to

1216-467: A short office memo stating, "Mary Fowler and I were married yesterday and we have gone to Bermuda ." Brennan strongly believed in the Bill of Rights, arguing early on in his career that it should be applied to the states in addition to the federal government. He often took positions in favor of individual rights against the state, favoring criminal defendants, minorities, the poor, and other underrepresented groups. Furthermore, he generally shied away from

1292-467: A speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Arthur Vanderbilt ). To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters. His nomination , formally submitted to the Senate Judiciary Committee on January 14, 1957, faced a small amount of controversy from two angles. The National Liberal League opposed

1368-679: Is "nothing less than the contemporary technological equivalent of burning people at the stake." Brennan voted with the majority in Roe v. Wade which legalized abortion nationally and helped craft the decision. Brennan wrote the majority opinion in Roth v. United States which set new standards for obscenity laws, allowing some prosecutions, but drastically loosening the laws overall. He later reversed his position in dissent in Miller v. California arguing that obscenity laws were unconstitutional. Although Brennan joined

1444-432: Is a justiciable issue ; New York Times Co. v. Sullivan (1964), which required "actual malice" in libel suits brought by public officials; Eisenstadt v. Baird (1972), which established a legal right to contraception for unmarried people and helped solidify the sexual revolution ; and Craig v. Boren (1976) which established that laws which discriminate on the basis of sex are subject to heightened scrutiny under

1520-483: Is an expansion of the jurisdiction of state courts, particularly over corporations; state courts are typically more sympathetic to small, weak plaintiffs than to large, powerful corporate defendants. In this process, he frequently clashed with Justice Scalia over this issue, and uncharacteristically dissented from Justice Marshall's majority opinion on the subject in Shaffer v. Heitner . In his penultimate and final terms on

1596-466: Is based on the biographical writings of Heap and Margaret Anderson . Heap and Anderson were American feminists and publishers, who in 1918 published the " Nausicaa " episode of James Joyce 's Ulysses in their magazine, The Little Review . Their effort to publish the work was censored as the result of a criminal prosecution instigated by John S. Sumner , Secretary of the New York Society for

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1672-524: The Equal Protection Clause . Brennan supported gay rights . In a dissent from a denial of certiorari in 1985 involving a lesbian teacher fired for her sexual orientation, Brennan publicly criticized homophobia , writing "Homosexuals have historically been the object of deep and sustained pernicious hostility, and it is fair to say that discrimination against homosexuals is likely to reflect deep-seated prejudice rather than rationality." He joined

1748-594: The Equal Protection Clause . Due to his ability to shape a wide variety of opinions and bargain for votes in many cases, he was considered to be among the Court's most influential members. Justice Antonin Scalia called Brennan "probably the most influential Justice of the [20th] century." William J. Brennan Jr. was born on April 25, 1906, in Newark, New Jersey , the second of eight children. Both his parents, William and Agnes (McDermott) Brennan, were Irish immigrants. They met in

1824-641: The Fifth Amendment , in a suit for gender discrimination in employment against a former Congressman (Congressional staffers were explicitly excluded from Title VII of the Civil Rights Act ). In Carlson v. Green , Brennan extended this rationale again to the Cruel and Unusual Punishment clause of the Eighth Amendment , in a suit by the estate of a deceased federal prisoner (even though the plaintiff also had

1900-570: The First Amendment ( Roth v. United States ), and civil rights ( Green v. County School Board of New Kent County ) were some of the most important opinions of the Warren Era. Brennan's role in expanding free speech rights under the First Amendment is particularly notable, as he wrote the Court's opinion in 1964's New York Times Co. v. Sullivan , which created constitutional restrictions on

1976-797: The Freedom Medal . On November 30, 1993, President Bill Clinton presented Brennan with the Presidential Medal of Freedom . Upon his death, Brennan lay in repose in the Great Hall of the United States Supreme Court Building . Years after his death, in 2010, Brennan was inducted into the New Jersey Hall of Fame and William J. Brennan High School was founded in San Antonio, Texas, honoring him. Brennan Park across from

2052-575: The National Vigilance Association , and the Cincinnati Citizens for Community Values . The final chapter covers censorship in the 1980s of photographers Andres Serrano , Robert Mapplethorpe , and Jock Sturges ; musicians 2 Live Crew ; and performance artists Karen Finley and Holly Hughes . The book is organized in the form of a court transcript, effectively "put[ting] the arts vigilantes on trial." The first two chapters of

2128-479: The Soviet Union to lower military spending and end nuclear testing on both sides. He also proposed to end the military draft and switch to an "all-volunteer" military. Eisenhower publicly opposed these ideas, even though in private he was working on a proposal to ban atmospheric nuclear testing. Eisenhower had retained the enormous personal and political popularity he had earned during World War II , and he maintained

2204-512: The U.S. Army during World War II . He was appointed in 1951 to the Supreme Court of New Jersey . Shortly before the 1956 presidential election , President Dwight D. Eisenhower used a recess appointment to place Brennan on the Supreme Court. Brennan won Senate confirmation the following year. He remained on the Court until his retirement in 1990, and was succeeded by David Souter . On

2280-630: The University of Notre Dame , considered the most prestigious award for American Catholics . In 1987, Brennan received the U.S. Senator John Heinz Award for Greatest Public Service by an Elected or Appointed Official, an award given out annually by Jefferson Awards . In 1989, the historic Hudson County Courthouse in Jersey City, New Jersey , which had opened in 1910, was renamed the William J. Brennan Court House in his honor and, in that same year, he received

2356-476: The "Nausicaa" episode)--and no one is corrupted. Other chapters tell the stories of numerous publishers, authors, and works, including Radclyffe Hall 's The Well of Loneliness ; D. H. Lawrence 's Lady Chatterley's Lover '; Lolita by Vladimir Nabokov ; Theodore Dreiser and Émile Zola ; and comedian Lenny Bruce , as well as of censor boards and organizations, such as the Boston Watch and Ward Society ,

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2432-585: The "mere extinguishment of life". Witnesses routinely report that, when the switch is thrown, the condemned prisoner "cringes," "leaps," and "fights the straps with amazing strength." "The hands turn red, then white, and the cords of the neck stand out like steel bands." The prisoner's limbs, fingers, toes, and face are severely contorted. The force of the electrical current is so powerful that the prisoner's eyeballs sometimes pop out and "rest on [his] cheeks." The prisoner often defecates, urinates, and vomits blood and drool. Brennan concluded by stating that electrocution

2508-447: The 1956 Democratic Convention came when Stevenson, to create excitement for the ticket, made the surprise announcement that the convention's delegates would choose his running mate. This set off a desperate scramble among several candidates to win the nomination. Potential vice presidential candidates had only one hectic day to campaign among the delegates before the voting began. The two leading contenders were Senator Kefauver, who retained

2584-711: The California primary by a 63–37% margin, and Kefauver soon withdrew from the race. Source At the 1956 Democratic National Convention in Chicago, New York Governor W. Averell Harriman , who was backed by former President Harry S. Truman , challenged Stevenson for the nomination. However, Stevenson's delegate lead was much too large for Harriman to overcome, and Stevenson won on the first ballot. The roll call, as reported in Richard C. Bain and Judith H. Parris, Convention Decisions and Voting Records , pp. 294–298: The highlight of

2660-455: The Court, concluded in Furman v. Georgia that the death penalty was, in all circumstances, unconstitutional, and never accepted the legitimacy of Gregg v. Georgia , which ruled that the death penalty was constitutional four years later. Thereafter, Brennan or Marshall took turns, joined by the other, in issuing a dissent in every denial of certiorari in a capital case, and from every decision in

2736-561: The Court, he wrote the controversial rulings for Texas v. Johnson and United States v. Eichman , respectively. In both cases, the Court held that the First Amendment protects desecration of the United States flag. Brennan's wife Marjorie died in December 1982. Slightly more than three months later, in March 1983 at age 76, he married Mary Fowler, who had served as his secretary for 26 years. Brennan's colleagues learned of his second marriage via

2812-454: The Suppression of Vice . In response to Sumner, Heap wrote of James Joyce : Mr. Joyce was not teaching early Egyptian perversions nor inventing new ones. Girls lean back everywhere, showing lace and silk stockings; wear low-cut sleeveless blouses, breathless bathing suits; men think thoughts and have emotions about these things everywhere—seldom as delicately and imaginatively as Mr. Bloom (in

2888-417: The Supreme Court, Brennan was known for his outspoken progressive views, including opposition to the death penalty as he dissented in more than 1,400 cases in which the Supreme Court refused to review a death sentence, and support for abortion rights and gay rights . He authored numerous landmark case opinions, including: Baker v. Carr (1962), establishing that the apportionment of legislative districts

2964-529: The United States Constitution , which first applied to Eisenhower, became effective. Eisenhower, who first became famous for his military leadership in World War II, remained widely popular. A heart attack in 1955 provoked speculation that he would not seek a second term, but his health recovered and he faced no opposition at the 1956 Republican National Convention . Stevenson remained popular with

3040-629: The United States, although both were originally from County Roscommon in Ireland. William Brennan Sr. had little education and worked as a metal polisher, but rose to a position of leadership, serving as the Commissioner of Public Safety for the city of Newark from 1927 to 1930. Brennan attended public schools in Newark, and graduated from Barringer High School in 1924. He then attended the Wharton School of

3116-703: The University of Pennsylvania , where he graduated cum laude with a degree in economics in 1928. While there, he joined Delta Tau Delta fraternity. Brennan graduated from Harvard Law School near the top of his class in 1931 and was a member of the Harvard Legal Aid Bureau . When he was 21, Brennan married Marjorie Leonard, whom he had met in high school. They eventually had three children: William III, Nancy, and Hugh. After graduating from Harvard Law School, Brennan entered private practice in his home state of New Jersey , where he practiced labor law at

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3192-403: The absolutist liberal positions of Justices Hugo Black and William O. Douglas , being very amenable to compromise in order to win a majority of Justices. Brennan's conservative detractors charged that he was a purveyor of judicial activism , accusing him of deciding outcomes before coming up with a legal rationale for them. At his retirement, Brennan said the case he thought was most important

3268-520: The ascension of the most conservative member of the court, William Rehnquist , to the position of Chief Justice, following the retirement of Warren Burger , Brennan found himself more frequently isolated. At times, his opinions would be joined only by Thurgood Marshall since, by 1975, they were the last remaining liberals of the Warren Court . That like-mindedness led to both Brennan and Marshall's clerks referring to them as "Justice Brennan-Marshall" in

3344-617: The basis of the Constitution and not on Church law, he was confirmed by a near-unanimous vote, with only Senator McCarthy voting against him. Other factors playing into Brennan's appointment were his status as a state court judge – no state judge had been appointed to the High Court since Benjamin N. Cardozo in 1932 – and Eisenhower's desire to appear bipartisan after his appointments of two Republicans: Earl Warren (former Governor of California) and John Marshall Harlan II . Brennan filled

3420-497: The book were published serially in the Cardozo Arts & Entertainment Law Journal . The book has been described as "monumental", "authoritative", and "inspired", although sometimes "bloat[ed] ... with facts irrelevant to censorship." Publishers Weekly described the book as a "remarkable tour de force of literary/legal sleuthing". Justice William Brennan William Joseph Brennan Jr. (April 25, 1906 – July 24, 1997)

3496-561: The campaign. On Election Day Eisenhower took over 57% of the popular vote and won 41 of the 48 states. Stevenson won only six Southern states and the border state of Missouri , becoming the first losing candidate since William Jennings Bryan in 1900 to carry Missouri. Eisenhower carried Louisiana, making him the first Republican presidential candidate to carry the state, or any state in the Deep South for that matter, since Rutherford Hayes had done so in 1876 during Reconstruction , Eisenhower

3572-512: The country, and these candidates came to his defense. In the spring of 1956, Eisenhower publicly announced that Nixon would again be his running mate, and Stassen was forced to second Nixon's nomination at the Republican Convention. Unlike 1952, conservative Republicans (who had supported Robert A. Taft against Eisenhower in 1952) did not attempt to shape the platform. At the convention, Nebraska delegate Terry McGovern Carpenter voted for

3648-423: The crises boosted his popularity. Eisenhower slightly improved on his 1952 majorities in both the popular and electoral vote. He increased his 1952 gains among Democrats, especially Northern and Midwestern white ethnic groups and city-dwelling and suburban White Southerners . Surprisingly, Eisenhower narrowly lost Missouri , a bellwether state for most of the 20th century, and which voted for him in 1952; at

3724-497: The dissent in Bowers v. Hardwick , which allowed states to prosecute consensual homosexual sodomy, a decision which the Court announced in June 1986. He is regarded as one of the most liberal justices in the history of the court. Brennan's retirement in 1990 was precipitated by a mild stroke. While he initially intended to continue serving, his doctors told him that he would be at risk of

3800-652: The face of the court's heavy conservative opposition to the two. Brennan declared in Furman that he believed the death penalty violated the Eighth Amendment's prohibition on "cruel and unusual" punishment, and for his remaining years on the bench, he and Marshall dissented from every case upholding the imposition of the death penalty. He was able to convince no other justice of this view, but Justice Harry Blackmun would eventually agree in 1994, after Brennan's retirement. Brennan authored three Supreme Court opinions holding that

3876-439: The field of Law and Economics and one of the most influential legal scholars in the United States. On the less liberal Burger Court, Brennan was a staunch opponent of the death penalty and a supporter of abortion rights and joined the majority in landmark rulings on both issues ( Furman v. Georgia (1972) on the death penalty and Roe v. Wade (1973) on abortion). With the departure of moderate Potter Stewart in 1981,

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3952-537: The firm of Pitney Hardin (which would later become Day Pitney ). During World War II, Brennan was commissioned in the Army as a major in March 1942, and left as a colonel in 1945. He did legal work for the ordnance division. In 1949, Brennan was appointed to the Superior Court (a trial court ) by Governor of New Jersey Alfred E. Driscoll . In 1951, Driscoll appointed him to the Supreme Court of New Jersey . Brennan

4028-744: The historic Essex County Veterans Courthouse in Newark, New Jersey , was named in Brennan's honor and a statue of him was erected in front of the Essex County Hall of Records by historian Guy Sterling . 1956 United States presidential election Dwight D. Eisenhower Republican Dwight D. Eisenhower Republican Presidential elections were held in the United States on November 6, 1956. Incumbent Republican President Dwight D. Eisenhower and his running mate , incumbent Vice President Richard Nixon , were reelected, defeating for

4104-591: The injury at a nursing home in Arlington, Virginia , where he died on July 24, 1997, at the age of 91. He was buried at Arlington National Cemetery , beside his first wife and near the gravesites of other Supreme Court justices. As a result of his long and distinguished career on the United States Supreme Court, Brennan was honored with many different awards. In 1969, he was awarded the Laetare Medal by

4180-403: The law of libel . It was Brennan who coined the phrase "chilling effect", in 1965's Dombrowski v. Pfister . His close friendship with Chief Justice Warren, who frequently assigned Brennan the task of writing the majority opinion, led to the other justices nicknaming him the "deputy Chief". In the 1962–1963 term, one of Brennan's law clerks was Richard A. Posner , who later became a founder of

4256-590: The majority in United States v. O'Brien which upheld the constitutionality of laws banning draft card burning , he later opposed the Vietnam War and dissented several times when the Supreme Court refused to hear challenges to its legality. In a dissent in San Antonio Independent School District v. Rodriguez Brennan argued that unequal funding of poor and wealthy school districts violated

4332-402: The nomination of a Catholic, thinking he would rely on his religious beliefs rather than the Constitution when ruling, and Senator Joseph McCarthy had read transcripts of Brennan's speech where he decried overzealous anti-Communist investigations as "witch-hunts." After a confirmation hearing in which Brennan defended himself against McCarthy's attacks and proclaimed that he would rule solely on

4408-585: The only one to remain Democratic. Of the 3,101 counties/independent cities making returns, Eisenhower won the most popular votes in 2,143 (69.11%) while Stevenson carried 924 (29.80%). Unpledged Electors prevailed in 32 counties (1.03%) while Andrews carried two counties (0.06%). This election was the last in which Massachusetts voted Republican until 1980 and the last in which Connecticut, Maryland, Michigan, Minnesota, New York, Pennsylvania, Rhode Island, Texas, and West Virginia did so until 1972 . Conversely this

4484-438: The same time he carried Kentucky , Louisiana , and West Virginia , which had voted against him in the previous election. This was the last presidential election before the admissions of Alaska and Hawaii in 1959, the last election in which both Massachusetts and Minnesota simultaneously voted Republican, as well as the final presidential election in which a major party candidate was born in the 19th century. Early in 1956, there

4560-461: The seat vacated by Justice Sherman Minton . He held the post until his retirement on July 20, 1990, for health reasons; he was succeeded on the Court by Justice David Souter . He was the last federal judge in active service to have been appointed to his position by President Eisenhower. Brennan then taught at Georgetown University Law Center until 1994. With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while

4636-505: The subject of specific jurisdiction , holding to a simple "stream-of-commerce" analysis for product liability cases and emphasizing the role of fairness in the Court's analysis of the holding in International Shoe Co. v. Washington . In Burger King v. Rudzewicz , Brennan authored the majority opinion and extended his broad view of personal jurisdiction to areas of business contracts and franchising. The upshot of Brennan's analysis

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4712-409: The support of his primary delegates, and Senator John F. Kennedy from Massachusetts, who was not well known at the time. Although Stevenson privately preferred Senator Kennedy to be his running mate, he did not attempt to influence the balloting for Kennedy in any way. Kennedy surprised the experts by surging into the lead on the second ballot; at one point, he was only 15 votes shy of winning. However,

4788-530: The time also argued that television's new prominence was a major factor in Eisenhower's decision to run for a second term at the age of 66, considering his weak health after the heart attack in 1955. Television allowed Eisenhower to reach people across the country without enduring the strain of repeated coast-to-coast travel, making a national campaign more feasible. Stevenson proposed significant increases in government spending for social programs and treaties with

4864-426: The vice presidential balloting are recorded in the following table, which also comes from Bain & Parris. Stevenson campaigned hard against Eisenhower, with television ads for the first time being the dominant medium for both sides. Eisenhower's 1952 election victory had been due in large part to winning the female vote; hence, during this campaign there was a plethora of "housewife"-focused ads. Some commentators at

4940-630: The western forces to withdraw from Egypt. While these two events led many Americans to rally in support of the president and swelled his expected margin of victory, the campaign was seen differently by some foreign governments. The Eisenhower administration had also supported the Brown v. Board of Education ruling in 1954; this ruling by the U.S. Supreme Court ended legal segregation in public schools. Meanwhile, Stevenson voiced disapproval about federal court intervention in segregation, saying about Brown that "we don't need reforms or groping experiments." This

5016-630: Was Goldberg v. Kelly , which ruled that a local, state or federal government could not terminate welfare payments to a person without a prior individual evidentiary hearing. In the 1980s, as the Reagan administration and the Rehnquist Court threatened to "roll back" the decisions of the Warren Court , Brennan became more vocal about his jurisprudential views. In a 1985 speech at Georgetown University, Brennan criticized Attorney General Edwin Meese 's call for

5092-480: Was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice in Supreme Court history , and was known for being a leader of the Court's liberal wing. Born in Newark to Irish immigrant parents, Brennan studied economics at the University of Pennsylvania and then attended Harvard Law School . He entered private legal practice in New Jersey and served in

5168-457: Was an about-face from the national Democratic party platform's endorsement of civil rights in the 1948 campaign . Although Eisenhower "avoid[ed] a clear stand on the Brown decision" during the campaign, in the contest with Stevenson, he won the support of nearly 40% of black voters; he was the last Republican presidential candidate to receive such a level of support from black voters. Eisenhower led all opinion polls by large margins throughout

5244-446: Was anguished that Eisenhower never liked him and had repeatedly delayed saying Nixon should be renominated for vice president. Ambrose also stated that Eisenhower favored Robert B. Anderson , a former Democrat who had served as United States Secretary of the Navy and United States Deputy Secretary of Defense , but Anderson declined to be considered. With Eisenhower worried about his health, he decided that Nixon had his shortcomings, but

5320-483: Was better prepared to assume the presidency than any possible alternative. In Ambrose's view, "In itself, that was the highest possible tribute he could pay Nixon." Harold Stassen was the only Republican to publicly oppose Nixon's re-nomination for vice president, and Nixon remained highly popular among the Republican rank-and-file voters. Nixon had worked hard to reshape the vice presidency. It became his platform to campaign for Republican state and local candidates across

5396-426: Was given a recess appointment as an associate justice of the United States Supreme Court by President Dwight D. Eisenhower on October 15, 1956, shortly before the 1956 presidential election , and was sworn into office the following day. The president's advisers thought the appointment of a Roman Catholic Democrat from the Northeast would woo critical voters in the upcoming re-election campaign for Eisenhower,

5472-454: Was in trouble, agreed to debate Kefauver in Florida. Stevenson and Kefauver held the first televised presidential debate on May 21, 1956, before the Florida primary. Stevenson carried Florida by a 52–48% margin. By the time of the California primary in June 1956, Kefauver's campaign had run low on money and could not compete for publicity and advertising with the well-funded Stevenson. Stevenson won

5548-525: Was speculation that President Eisenhower would not run for a second term because of concerns about his health. In 1955, Eisenhower had suffered a serious heart attack . However, he soon recovered and decided to run for a second term. (In June 1956 he also underwent surgery for ileitis .) Given Eisenhower's enormous popularity, he was renominated with no opposition at the 1956 Republican National Convention in San Francisco. According to Steven Ambrose, Nixon

5624-470: Was the first Republican to win two presidential terms since William McKinley in 1900 . Eisenhower, who had won in twenty-one of the thirty-nine cities with a population above 250,000 in the 1952 election, won in twenty-eight of those cities in the 1956 election. He had won six of the eight largest cities in the Southern United States in the 1952 election and won seven of them with Atlanta being

5700-467: Was the heavy favorite to win reelection. Supporters of the president focused on his "personal qualities ... his sincerity, his integrity and sense of duty, his virtue as a family man, his religious devotion, and his sheer likeableness", rather than on his leadership record. The weeks before the election saw two major international crises in the Middle East and Eastern Europe , and Eisenhower's handling of

5776-437: Was the last election in which Mississippi voted Democratic until 1976 , and is also the last election until 1976 when Alabama gave a majority of its electoral votes to the Democratic candidate. As of 2023, this remains the last time that Missouri, Arkansas, Mississippi, Alabama, South Carolina, and North Carolina would back a losing Democratic presidential candidate. In 9 Southern states, a slate of third party options emerged as

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