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Holmes and Free Speech
Term Paper # 103428
Holmes and Free Speech
This paper explores how and why American Supreme Court Justice Oliver Wendell Holmes' approach to free speech changed.
3,340 words (approx. 13.4 pages) |
9 sources |
MLA | 2008
Paper Summary:
The paper analyzes how Oliver Wendell Holmes' approach to the 1st Amendment freedoms of speech and press divulges a shifting opinion.The paper discusses the factors behind the dramatic transition in his beliefs and notes that a man who spends his life in a state of learning will undoubtedly form new opinions where once cemented convictions stood.
From the Paper:
"Close analysis of Oliver Wendell Holmes' approach to the 1st amendment freedoms of speech and press divulges a shifting opinion. The amendment, that Holmes is so famously associated with, reads as follows, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the 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." As is typically the case with constitutional law, the "no law" mentioned above actually means "some law." Holmes himself defines the law as, "Prophecies of what the court will do in fact, and nothing more pretentious, are what I mean by the law (The Path of Law-OWH)." Written in 1897, this phrase serves as an excellent lens through which to view Holmes' evolving approach to free speech."Sample of Sources Used:
- Baker, Liva. The Justice from Beacon Hill: the Life and Times of Oliver Wendell Holmes. New York, NY. Harper Collins, 1991.
- Blackstone, Sir William. Oxford England: Clarendon P, 2003. 2 Apr. 2008 <http://www.lonang.com/exlibris/blackstone/>.
- Chafee, Zecheriah. "Freedom of Speech in War Time" Harvard Law Review 32 (1919):1932.
- Chafee, Zechariah. "Letters From Zechariah Chafee to Oliver Wendell Holmes." 9 June 1922. Box 14, Folder 12, Harvard Law School Library.
- Holmes, Jr., Oliver. The Common Law. New York, Ny.Dover Publications, 1991.
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Cite this paper
APA Citation:
Holmes and Free Speech (2012, January 15). Retrieved February 11, 2012, from http://www.academon.com/Term-Paper-Holmes-and-Free-Speech/103428
MLA Citation:
"Holmes and Free Speech" 15 January 2012. Web. 11 Feb. 2012. <http://www.academon.com/Term-Paper-Holmes-and-Free-Speech/103428>
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