William J. Brennan, Jr.

“ I believe that § 241 reaches such a private conspiracy, not because the Fourteenth Amendment of its own force prohibits such a conspiracy, but because § 241, as an exercise of congressional power under § 5 of that Amendment, prohibits all conspiracies to interfere with the exercise of a 'right * * * secured * * * by the Constitution' and because the right to equal utilization of state facilities is a 'right * * * secured * * * by the Constitution' within the meaning of that phrase as used in § 241. ”

“ Viewed in its proper perspective, § 5 of the Fourteenth Amendment appears as a positive grant of legislative power, authorizing Congress to exercise its discretion in fashioning remedies to achieve civil and political equality for all citizens. Non one would deny that Congress could enact legislation directing state officials to provide Negroes with equal access to state schools, parks and other facilities owned or operated by the State. ”

“ Hardyman, 341 U.S. 651, 663, 71 S.Ct. 937, 942, 96 L.Ed. 1253 (dissenting opinion) ; the right to be protected against violence while in the lawful custody of a federal officer, Logan v. United States, 144 U.S. 263, 12 S.Ct. ”