Oliver Wendell Holmes and the First Amendment

Selden Society lecture series Australia

Oliver Wendell Holmes Jr (1841–1935) was a scholar and jurist of indisputable brilliance, widely regarded as one of the greatest and most influential judges in the English speaking world.
Of all of his opinions, nothing defines his life’s work better than his famous approach to the First Amendment. Although no right seems more fundamental to American public life than freedom of speech, the Supreme Court did not strike down any law on First Amendment grounds until the mid-twentieth century. In fact, the court repeatedly affirmed imprisonment for dissidents who were merely speaking out against government policies. Modern First Amendment law can be traced directly to a series of eloquent dissents by Holmes in subversive advocacy cases in the aftermath of the First World War.

In the centenary year of his most famous dissent, this lecture examines a man of complexity and apparent contradictions through the prism of his approach to freedom of speech cases and seeks to identify what contemporary lawyers can learn from Holmes’ life experience, philosophy and eloquent contributions to the law.
https://legalheritage.sclqld.org.au/selden-society

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