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The Fundamental HolmesFrom Cambridge University Press
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No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches and opinions concerning freedom of expression. The book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions and U.S. Supreme Court opinions. The edited materials – spanning Holmes's 1861–1864 service in the Civil War to his 1931 radio address to the nation – offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before.
- Sales Rank: #251385 in eBooks
- Published on: 2010-07-19
- Released on: 2012-09-28
- Format: Kindle eBook
Review
Justice Oliver Wendell Holmes, Jr., one of the greatest legal minds in American history, revised many of his own views while playing a pivotal role in transforming the American law of free speech from a restrictive to a protective tradition. Beyond collecting for the first time an impressive array of sources by and about Holmes that relate to his thinking about free speech, Collins has added his own incisive commentary. This comprehensive volume is a major contribution to scholarship on Holmes and the First Amendment.
David Rabban
Dahr Jamail, Randall Hage Jamail and Robert Lee Jamail Regents Chair
University Distinguished Teaching Professor
University of Texas School of Law
In this remarkable volume, First Amendment scholar Ronald Collins traces the extraordinary evolution of Holmes's thinking -- in his own words -- on free speech over a seventy-year span of his life. With the guidance provided by Collins's insightful introductions to each chapter, the reader is swept along in the intellectual journey that ultimately made Holmes the most important advocate of free speech in American history. With this book, Holmes's Phoenix rises yet again.
Geoffrey R. Stone , Edward H. Levi Distinguished Service Professor
The University of Chicago School of Law
Holmes's most famous concrete contribution to American law came in the eloquent and ultimately successful advocacy of heightened judicial protection for free expression that he launched near the end of his life in his Abrams and Gitlow dissents. In this book, Ron Collins has done a great service by going carefully and thoughtfully through the whole of Holmes's life and career with a constant eye on that late First Amendment contribution, assembling a remarkable range of relevant Holmesiana, and surrounding it with judiciously selected scholarly commentary.
Thomas Grey, Sweitzer Professor Emeritus, Stanford Law School
The Fundamental Holmes is an absolutely indispensable anthology enriched by eight illuminating and well written essays. Ron Collins masterfully brings the real Holmes to life - good, bad, liberal, conservative, hero, and villain. The work is wise, passionate, engaging, reflective, and altogether enjoyable.
Steven Shiffrin, Charles Frank Reavis, Sr., Professor of Law, Cornell University
"This thoughtful and stimulating book reminds us how often judicial rulings are the product more of emotion than of close reasoning."
Louis Fisher, The Federal Lawyer
About the Author
Ronald Collins is a scholar at the First Amendment Center in Washington, D.C. He is a noted authority on free speech law. His last book, The Trials of Lenny Bruce (with David Skover), was selected by the Los Angeles Times as one of the best books of the year. Collins is also the co-author (with Sam Chaltain) of the forthcoming We Must Not Be Afraid to Be Free: Stories of Free Speech in America and the editor of Constitutional Government in America. His scholarly articles have appeared in the Harvard Law Review, the Stanford Law Review and the Supreme Court Review, among other places.
Most helpful customer reviews
5 of 5 people found the following review helpful.
Important Insights into Justice Holmes
By Ronald H. Clark
I just happened to pick this book up in a secondhand store here in Washington, because I am very interested in Holmes. When I started reading it, I was just amazed. This most definitely is not a standard "reader" with selected excerpts relating to the subject loosely tied together with brief comments. Rather, in order to place OWH's views on free expression in context, the editor has produced something approaching an intellectual biography, tracing Holmes' intellectual development (not just relating to free speech) from childhood until death. The editor introduces the reader to OWH and the his editorial approach via a thorough chronology, followed up by an introductory "prologue" on Holmes as "The Father of the Modern First Amendment." The book is divided into six parts, and within each the editor writes extensive supplemental material to accompany the excerpts from Holmes' own writings and related materials. The editor's own contributions are often more extensive than the excerpts--the editor really knows Holmes and his writings and can point out important points as the material develops.
First up, Part I, is "On Life and War," focusing upon the impact of Holmes' Civil War Service. Next comes "The Early Writings, followed by the "State Court Years: Fetttered Freedoms." Part IV deals with "Supreme Court Opinions: The Early Years," then opinions delivered "When a nation is at war." Finally, Part VI deals with more opinions as Holmes is "experimenting with freedom." The editor has selected excerpts from a wide variety of sources: books, law review articles, court opinions, correspondence, and press accounts. Too often, the editor suggests, one is presented only with a slew of famous OWH Supreme Court opinions on free expression, which while fine does lack the context of how OWH developed these views during his lifetime. For example, the editor suggests that Holmes' Civil War experiences helped to develop his eventual views on free expression, and makes an interesting case for this assertion. In an insightful epilogue ("The Long Shadow"), the editor draws it all together and discusses OWH's free expression legacy.
This is a most unusual book, and it vibrates with significance due to the editor's superb commentaries and his incisive selection of materials for inclusion. The book contains two appendices and a great frontispiece photo of Holmes' study at 1720 "I" Street here in Washington. This book is simply one of the best things I have ever read on Holmes...and I have read a lot over the last 40 years or so. Any serious student of Holmes, or anyone interested in the law of free expression, would find this essential reading. The editor is to be commended.
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