The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America
A longtime skeptic of individual rights, Supreme Court justice Holmes wrote in 1919 the court opinion that solidified free speech rights in American political doctrine. Holmes’ change of heart has long been pondered by legal scholars and historians. Drawing on newly uncovered letters and memos, legal scholar Healy recounts Holmes’ long, slow process of advocating for free speech at a time of great national turmoil. WWI had recently ended, but the nation faced bombings and explosions, race riots, and the fear of anarchists. The aging Holmes had developed close relationships with several young progressives who challenged his thinking and ultimately changed the way Americans view the First Amendment. Among the persuaders were Learned Hand, then a federal judge, and Harold Laski, then a Harvard professor and contributor to the New Republic. Healy offers a beautifully written history, capturing the lively and passionate debate as Holmes came to see the abiding imperative of free speech and defend it at great cost to his own reputation at the time. --Vanessa Bush