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The Fundamental Holmes : A Free Speech Chronicle and Reader - Selections from the Opinions, Books, Articles, Speeches, Letters and Other Writings by and About Oliver Wendell Holmes, Jr. - Ronald K. L. Collins

The Fundamental Holmes

A Free Speech Chronicle and Reader - Selections from the Opinions, Books, Articles, Speeches, Letters and Other Writings by and About Oliver Wendell Holmes, Jr.

By: Ronald K. L. Collins (Editor)

Paperback

Published: 19th July 2010
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No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context.

The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions. The edited materials - spanning Holmes's 1861-1864 service in the Civil War to his 1931 radio address to the nation - offer a unique view of the thoughts of the father of the modern First Amendment.

The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before.

Justice Oliver Wendell Holmes, Jr., one of the greatest legal minds in American history, revised many of his own views while playing a pivotal role in transforming the American law of free speech from a restrictive to a protective tradition. Beyond collecting for the first time an impressive array of sources by and about Holmes that relate to his thinking about free speech, Collins has added his own incisive commentary. This comprehensive volume is a major contribution to scholarship on Holmes and the First Amendment. David Rabban Dahr Jamail, Randall Hage Jamail and Robert Lee Jamail Regents Chair University Distinguished Teaching Professor University of Texas School of Law In this remarkable volume, First Amendment scholar Ronald Collins traces the extraordinary evolution of Holmes's thinking -- in his own words -- on free speech over a seventy-year span of his life. With the guidance provided by Collins's insightful introductions to each chapter, the reader is swept along in the intellectual journey that ultimately made Holmes the most important advocate of free speech in American history. With this book, Holmes's Phoenix rises yet again. Geoffrey R. Stone , Edward H. Levi Distinguished Service Professor The University of Chicago School of Law Holmes's most famous concrete contribution to American law came in the eloquent and ultimately successful advocacy of heightened judicial protection for free expression that he launched near the end of his life in his Abrams and Gitlow dissents. In this book, Ron Collins has done a great service by going carefully and thoughtfully through the whole of Holmes's life and career with a constant eye on that late First Amendment contribution, assembling a remarkable range of relevant Holmesiana, and surrounding it with judiciously selected scholarly commentary. Thomas Grey, Sweitzer Professor Emeritus, Stanford Law School The Fundamental Holmes is an absolutely indispensable anthology enriched by eight illuminating and well written essays. Ron Collins masterfully brings the real Holmes to life - good, bad, liberal, conservative, hero, and villain. The work is wise, passionate, engaging, reflective, and altogether enjoyable. Steven Shiffrin, Charles Frank Reavis, Sr., Professor of Law, Cornell University "This thoughtful and stimulating book reminds us how often judicial rulings are the product more of emotion than of close reasoning." Louis Fisher, The Federal Lawyer

Timeline: Holmes's Life and Free Speech Jurisprudence, 1841-1935p. ix
Prologue: The Father of the Modern First Amendmentp. xiii
On Life and Warp. 1
Letter to Amelia Lee Jackson Holmes, October 23, 1861p. 15
How Our Brothers Fought, July 20, 1864p. 18
Memorial Day Address, May 30, 1884p. 19
The Soldier's Faith, May 30, 1895p. 28
Address at a Banquet for Admiral Dewey, October 14, 1899p. 40
Remarks to the Second Army Corps Association, March 13, 1903p. 41
General Conceptions: The Early Writingsp. 45
The Gas-Stokers' Strike (1873)p. 53
The Common Law (1881)p. 60
Correspondencep. 75
Privilege, Malice, and Intent (1894)p. 81
Correspondencep. 89
The State Court Years: Fettered Freedomp. 95
Cowley v. Pulsifer (1884)p. 102
Correspondencep. 105
Burt v. Advertiser Newspaper Co. (1891)p. 107
McAuliffe v. Mayor of City of New Bedford (1892)p. 112
Hanson v. Globe Newspaper Co. (1893)p. 117
Correspondencep. 121
Commonwealth v. Davis (1895)p. 124
Vegelahn v. Gunther (1896)p. 127
Correspondencep. 131
The Path of the Law (1897)p. 138
Commonwealth v. Peaslee (1901)p. 156
Supreme Court Opinions: The Early Yearsp. 161
Patterson v. Colorado (1907)p. 170
Peck v. Tribune Co. (1909)p. 177
Correspondencep. 179
Gandia v. Pettingill (1912)p. 181
Fox v. Washington (1915)p. 185
Jay Fox, ôThe Nude and the Prudesö (1911)p. 190
Toledo Newspaper Co. v. United States (1918)p. 192
Correspondencep. 195
Natural Law (1918)p. 199
Correspondencep. 203
Supreme Court Opinions: ôWhen a nation is at waröp. 205
Baltzer v. United States (1918)p. 215
Schenck v. United States (1919)p. 219
Correspondencep. 224
Circular, Long Live the Constitution of the United States (1917) Frohwerk v. United States (1919)p. 241
Debs v. United States (1919)p. 246
Correspondencep. 250
Supreme Court Opinions: Experimenting with Freedomp. 262
Abrams v. United States (1919)p. 271
Correspondencep. 277
Correspondencep. 289
American Column & Lumber Co. v. United States (1921)p. 308
United States ex rel Milwaukee Social Democratic Publishing Co v. Burleson (1921)p. 312
Leach v. Carlile (1922)p. 317
Correspondencep. 318
Gitlow v. New York (1925)p. 321
Correspondencep. 324
United States v. Schwimmer (1929)p. 334
Correspondencep. 336
Adieu, March 8, 1931p. 342
Epilogue: The Long Shadowp. 349
Holmes on Free Speech and Related Matters: Selected Quotationsp. 385
Holmes's Supreme Court Voting Record in Free Speech Casesp. 398
About the Editorp. 401
Indexp. 403
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521143899
ISBN-10: 0521143896
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 448
Published: 19th July 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 14.986  x 2.54
Weight (kg): 0.59