Ebook Download The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America, by Thomas Healy
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The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America, by Thomas Healy
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A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment
No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.
Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.
Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
A Kirkus Reviews Best Nonfiction Book of 2013
- Sales Rank: #370021 in eBooks
- Published on: 2013-08-20
- Released on: 2013-08-20
- Format: Kindle eBook
From Booklist
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
Review
"Engrossing. . . . An exceptional account of the development of the Constitution's most basic right, and an illuminating story of remarkable friendships, scholarly communication, and the justice who actually changed his mind." ---Kirkus Starred Review
About the Author
Thomas Healy is a professor of law at Seton Hall Law School. A graduate of Columbia Law School, he clerked on the U.S. Court of Appeals for the Ninth Circuit and was a Supreme Court correspondent for the Baltimore Sun.
Actor Danny Campbell spent six years with the Independent Shakespeare Company in Los Angeles and has appeared on the hit CBS program The Guardian and in the film Greater Than Gravity. He is also an AudioFile Earphones Award-winning audiobook narrator.
Most helpful customer reviews
45 of 47 people found the following review helpful.
A HINGE OF HISTORY
By Kenneth E. MacWilliams
Next year it will be 50 years since the great Anthony Lewis wrote his classic "Gideon's Trumpet" describing the story behind Gideon v. Wainwright in which the Supreme Court ruled that criminal defendants have a right to an attorney even if they cannot afford it. In the intervening almost half century thousands of books have been written about the Supreme Court and its justices and various important court decisions. Not until now however, with the publication of Thomas Healy's "The Great Dissent", has one equalled "Gideon's Trumpet" in terms of presenting outstanding legal research and scholarship regarding a monumental court decision as such a fascinating and riveting tale so superbly told that it won't let you go. Think of your favorite novelist. Or writer of terrific espionage thrillers or mystery or detective stories. How hard is it to put down one of his or her new books? Well if you have any interest at all in either freedom of speech, the Supreme Court, or Oliver Wendell Holmes you will face exactly that same challenge once you are two pages into "The Great Dissent."
Holmes' dissent in Abrams v United States was a hinge of history in terms of the First Amendment and freedom of speech in the United States. The Constitution of the United States is what the justices of the Supreme Court say it is. And until Holmes breathed life into our First Amendment, just as Thomas Healy the author of The Great Dissent breathes life into how that dissent came about back in 1919, freedom of speech in the United States was not what we presently enjoy as citizens. How that hinge of history swung, and from where. and to where, and why, is an amazing and intriguing story with many strands braided together beautifully by Thomas Healy into a terrific tapestry.
For me personally, the most interesting strand is how Holmes, who until this decision was somewhat of an opponent of free speech, came to change his mind. I have been a lifelong camp follower of Oliver Wendell Holmes ever since reading Catherine Drinker Bowen's wonderful biography of him "Yankee From Olympus" in 1950 when I was 14. I thought I knew almost everything there was to know about my boyhood hero. But no. "The Great Dissent" opened new vistas of understanding for me regarding the mind and values and logic of my Oliver Wendell Holmes. In this decision he changed his mind on an incredibly important issue. And why he did it and how he did it -- all to the benefit of all of us -- is a new and magnificent tale that not only greatly changed our country but is also an example from which we can all learn important personal lessons on open-mindedness.
Kenneth E. MacWilliams
Portland, Maine
12 of 13 people found the following review helpful.
A valuable contribution to legal history
By SAP
This book was enjoyable start to finish. From the very beginning Healy perfectly illustrated Holmes' personal relationships both vividly and accurately. The book is constantly entertaining without ever jeopardizing top-notch scholarship; this is a rare find. I particularly enjoyed the thorough examination of the first amendment cases.
This book examines so many nuances and developments in Holmes' life that it truly convinces one that he indeed had a great transformation. As an avid reader of History I enjoyed the book and I think it is a valuable contribution to legal history. Scholars have speculated endlessly about Holmes and Free Speech but in my opinion they too often ignored complexities in search of a single explanation for his Abrams dissent. Instead The Great Dissent leaves no stone unturned and shows how multi-faceted his transformation was. If you want to read a complete and entertaining account of Holmes and free speech I highly recommend The Great Dissent.
8 of 9 people found the following review helpful.
Talk Crimes
By Christian Schlect
A very good book on the First Amendment and how the great Supreme Court Justice Oliver Wendell Holmes came to put his polished interpreting mark on this fundamental protector of free speech.
The author, Professor Thomas Healy, avoids academic jargon and keeps the reader interested not only in the evolving law but of the life story of the elderly jurist and his many younger and liberal friends, including such notable people as Learned Hand, Felix Frankfurter, and Harold Laski.
If you want to learn about the 20th century history of free speech protection under the U.S. Constitution and how personal friendships can influence the thinking of a judge, this book is a bright starting point.
One quarrel: I do think Professor Healy too often discounts the real threat Soviet communism did pose to the United States for most of the last century. Millions did die under this misguided system. And Alger Hiss, who once clerked for Justice Holmes, while targeted by the FBI's reactionary Hoover was, in deed, a Soviet agent.
Also, readers of this book will notice a few references to the "House of Truth." If you want to read a good book on this subject, I recommend obtaining a copy of "On Dupont Circle" by James Srodes (2012).
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