No right seems more fundamental to American 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 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, 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.
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