Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent

27 Pages Posted: 27 Jan 2019

Date Written: January 15, 2019

Abstract

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

Healy, Thomas, Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent (January 15, 2019). Arizona State Law Journal, 50:0803, Available at SSRN: https://ssrn.com/abstract=3316227

Thomas Healy (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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