Topic > Oliver Wendell Holmes and Free Speech - 3101

An in-depth analysis of Oliver Wendell Holmes' approach to the 1st Amendment's freedoms of speech and press reveals a shifting conclusion. The amendment with which Holmes is associated reads thus: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or restrict freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Some people, however, see the word protected as something else. Holmes himself defines law as: “Prophecies of what the court will actually do, and nothing more pretentious, are what I mean by law (The Path of Law-OWH).” Written in 1897, this phrase serves as an excellent lens through which to view the evolution of Holmes' approach to free speech. The man served as a justice of the US Supreme Court from 1902 to 1932. During this term he wrote countless opinions on almost every aspect of constitutional law. His prose was more like the philosopher he was at heart. His father was a writer of historical importance, and, for much of Holmes Jr.'s life, his father's fame eclipsed that of his own. One of Holmes' great life goals was to distinguish himself with the same degree of recognition that his father achieved (White-6.). His contributions to the areas of free speech and press would provide him with the place in history he desired. Ultimately, the journey would leave Holmes as a protector of the First Amendment, but his early jurisprudence was quite restrictive on the individual's right to say what he wants without fear of punishment. When you read the above definition of the law according to the Jurist, you should not be surprised that... middle of paper...olmes." June 9, 1922. Box 14, Folder 12, Harvard Law School Library. Holmes, Jr., The Common Law, New York. Dover Publications, 1991. Holmes, Jr., The Path of the Law, New York, 2004. Learned. “Letters from Learned Hand to Oliver Wendell Holmes.” folder 30, Harvard Law School Library, Roscoe. Harvard Law Review 28 (1928). US 616 (1919) Debs v. United States, 249. US 211 (1919) Frohwerk v. US 454 (1907) Schenck v. United States, 249 US. 47 (1919)