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1994 J. Sup. Ct. Hist. 19 (1994)
Freedom of Speech, 1919 and 1994: Justice Holmes after Seventy-Five Years

handle is hein.journals/jspcth1994 and id is 27 raw text is: 


















Freedom of Speech, 1919 and 1994:
    Justice Holmes After Seventy-Five Years

                          Richard   Polenberg


   Something about Oliver Wendell Holmes,
Jr., led acquaintances to speak about him with
an awe  bordering  on reverence.  Walter
Lippmann  called him a sage with the bearing
of a cavalier. . . . He wears wisdom like a
gorgeous plume.' Learned Hand referred to
Holmes as the premier knight of his time.
Benjamin Cardozo, who was named to Holmes'
seat on the Supreme Court in 1932, termed his
predecessor the great overlord of the law and
its philosophy. Felix Frankfurter, who even-
tually replaced Cardozo, once said, to quote
from Mr. Justice Holmes' opinions is to string
pearls.  Another devoted  admirer, Dean
Acheson, recalled: His presence entered a
room with him as a pervading force; and left
with him, too, like a strong light put out.2
   Even  now, sixty years after his death,
Holmes remains a fascinating figure, the most
written-about of all Supreme Court Justices.
Since 1989 there have been four major biogra-
phies of Holmes (by Gary J. Aichele, Sheldon
Novick, Liva Baker, and G. Edward White),
two full-length studies of his views on free
speech (by Jeremy Cohen and H.L. Pohlman),
an important book of essays on his legacy
(edited by Robert W. Gordon), and a collec-
tion of his writings with an introduction (by
Richard Posner), not to mention dozens of law
review articles and discussions in general


works, such as the chapter on The Place of
Justice Holmes in American Legal Thought
in The  Transformation of American  Law,
1870-1960 by Morton J. Horwitz.'
   The recent interest in Holmes is largely a
product of the opening of his private papers for
research. When  Holmes died in 1935, Felix
Frankfurter, then a professor at Harvard Law


Justie OIiver wendel lionimes,Jr, has been the subject Of
seeu major books on his life and judicial opinions since
19S 9-iore than one hundred fifty years after his birth.

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