We the People: Justice Holmes' changing conceptions of free speech


February 7, 2022

Justice Oliver Wendell Holmes’ opinion for the Supreme Court in Schenck v. United States (1919) shocked his libertarian friends and colleagues, who had always believed that he was a champion of free speech. His narrow conception of the Clear and Present Danger Test, which established the First Amendment standard for distinguishing protected from unprotected speech, afforded scant support for...

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