Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent
27 Pages Posted: 27 Jan 2019
Date Written: January 15, 2019
In this essay marking the centenary of Learned Hand's opinion in the Masses case, I attempt to identify the influence Hand had on the free speech views of Justice Oliver Wendell Holmes and how that influence manifested itself in Holmes's 1919 dissent in Abrams v. United States. I also attempt to show that, in spite of that influence, Holmes's theoretical justification ultimately differed from the one Hand articulated in Masses.
Keywords: Free Speech, First Amendment, Oliver Wendell Holmes, Learned Hand, Espionage Act
Suggested Citation: Suggested Citation