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- In a series of cases in the 1920s involving state efforts to restrict the teaching of foreign languages in public schools, Holmes dissented from Court opinions striking down those statutes as invasion of the Fourteenth Amendment "liberties" of teachers or scholars.
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Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one’s political views.
Aug 10, 2013 · A smart new book reveals precisely how and why Oliver Wendell Holmes changed his mind about the first amendment.
In 2019, Holmes’s most monumental dissent is in the spotlight, because of the centennial of Abrams v. United States . By 7-2 in 1919, the Supreme Court upheld the conviction of five Russian Jewish anarchists under the 1918 Sedition Act, for interfering with the U.S. effort in World War I and criticizing the form of the U.S. government.
Aug 8, 2023 · In his dissent, Holmes stated that the principle of free speech remained the same during war time as in peace time; he reiterated his belief that congressional restraints on speech were permissible only when speech constituted a “present danger of immediate evil or an intent to bring it about.”
Although Holmes did not dissent frequently—during his 29 years on the U.S. Supreme Court, he wrote only 72 separate opinions, whereas he penned 852 majority opinions—his dissents were often prescient and acquired so much authority that he became known as "The Great Dissenter".
Oct 4, 2024 · Oliver Wendell Holmes, Jr. was an associate justice of the United States Supreme Court, U.S. legal historian and philosopher who advocated judicial restraint. He stated the concept of “clear and present danger” as the only basis for limiting the right of freedom of speech. Holmes was the first.
Holmes's dissent in Abrams was a clear departure from his position in Schenck, notwithstanding his rhetorical efforts to make the opinions appear consistent. He had changed his mind about speech issues and begun to adopt a more expansive reading of the protective scope of the First Amendment.
