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Constitutional Law,
Books

Aug. 2, 2013

The Great Dissent

Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free Speech in America by Thomas Healy

What causes a Supreme Court justice to profoundly change his mind in a short period of time on a crucial issue of constitutional law? For almost a century, constitutional law scholars have puzzled over the apparent dramatic shift in Justice Oliver Wendell Holmes Jr.'s view of the government's ability to punish speech that it deems harmful to a war effort. Seton Hall law professor Thomas Healy, in a wonderful and engaging new book, offers a persuasive account of what happened.

In ear...

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