Oliver Wendell Holmes, Writer, Brandeis discussed on Washington Today


Case at the supreme court threw in an opinion through justice oliver wendell holmes came up with a famous cast to the socalled clear and present danger test that speech could only be punished if it satisfied what sounds like a very tough standard but in fact as it was actually enforced by the court in that case and the other two you mentioned susan allow government to punish speech that presented neither a clear newark presentation jer but allowed it to suppress political speech on that it disagreed with that criticized the status quo and challenged it what more do you want to say about these cases one thing that's very interesting about the shank case and justice holmes role in it is that he he was the writer of the shank case and he stabbed the test of clear and present danger and then at which upheld the conviction of socialist leaf letters but then within i think just a year he changed his mind and he was an descent in another case where he dissented from holding the conviction of communist sympathizers and he started he and justice brandeis started developing a much richer doctrine of free speech protection but for many years what in dissent not in the majority of all of these cases of course are tests of the first amendment and we're gonna pause for a moment and actually revisit the first amendment to the constitution it says congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or of the right of the people peaceably to assemble and to petition the government for redress of grievances can either of you give our audience a little bit of background on what the.

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