| | John Harlan II<ref>The "II" is rarely used because there is no confusion between this John Harlan and his grandfather, who participated on the court over 40 years earlier.</ref> was a very intelligent jurist who expressed [[conservative]] dissents on some issues during the [[Warren Court]]. Most notably, Justice Harlan dissented from the numerous [[Warren Court]] opinions in favor of pornography. He also dissented from the expansion of the [[incorporation doctrine]], particularly on issues of criminal procedure. Justice Harlan is considered one of the most insightful jurists in American history, coining expressions such as the "bright-line rule" and, in defining what the [[Fourth Amendment]] should protect in modern times, a "reasonable expectation of privacy."<ref>''[[Katz v. United States]]'', 389 U.S. 347 (1967) (Harlan, J., concurring).</ref> His writing style was clear and crisp. | | John Harlan II<ref>The "II" is rarely used because there is no confusion between this John Harlan and his grandfather, who participated on the court over 40 years earlier.</ref> was a very intelligent jurist who expressed [[conservative]] dissents on some issues during the [[Warren Court]]. Most notably, Justice Harlan dissented from the numerous [[Warren Court]] opinions in favor of pornography. He also dissented from the expansion of the [[incorporation doctrine]], particularly on issues of criminal procedure. Justice Harlan is considered one of the most insightful jurists in American history, coining expressions such as the "bright-line rule" and, in defining what the [[Fourth Amendment]] should protect in modern times, a "reasonable expectation of privacy."<ref>''[[Katz v. United States]]'', 389 U.S. 347 (1967) (Harlan, J., concurring).</ref> His writing style was clear and crisp. |
| − | Justice Harlan sided with the [[liberal]] wing of the court in its growing hostility to [[religion]]. For example, Justice Harlan joined the decision banning [[school prayer]] in ''[[Engel v. Vitale]]''. | + | Justice Harlan sided with the [[liberal]] wing of the court in its growing hostility to [[religion]]. For example, Justice Harlan joined the decision banning [[school prayer]] in ''[[Engel v. Vitale]]'' and later sided with the [[liberal]] wing in ''[[Lemon v. Kurtzman]]''. |
| | Justice Harlan also joined the [[liberal]] decision in ''[[Griswold v. Connecticut]]'', but felt it should be based on an expansive view of the [[Fourteenth Amendment]] rather than a penumbra in the [[Bill of Rights]]. | | Justice Harlan also joined the [[liberal]] decision in ''[[Griswold v. Connecticut]]'', but felt it should be based on an expansive view of the [[Fourteenth Amendment]] rather than a penumbra in the [[Bill of Rights]]. |