What did Justice Oliver Wendell Holmes say about free speech?
Asked by: Prof. Jaron Kihn | Last update: February 18, 2026Score: 4.7/5 (42 votes)
Justice Oliver Wendell Holmes championed robust free speech, famously stating, "Freedom for the thought that we hate," arguing in Abrams v. United States that truth emerges from the "marketplace of ideas," but also established the "clear and present danger" test in Schenck v. United States, allowing restrictions when speech creates an immediate threat of serious harm, like falsely shouting "fire!" in a crowded theater.
What did Justice Oliver Wendell Holmes say about free speech against the government?
Articulating for the first time the “clear and present danger test,” Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent.
What is the famous quote about freedom of speech?
"Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech." ―Silence Dogood, likely pseudonym of Benjamin Franklin.
What was Oliver Wendell Holmes famous quote?
Old age is fifteen years older than I am. I find the great thing in this world is not so much where we stand, as in what direction we are moving: To reach the port of heaven, we must sail sometimes with the wind and sometimes against it, but we must sail, and not drift, nor lie at anchor.
What was Holmes' impact on free speech law?
In his dissent, Holmes stated that the principle of free speech remained the same during war time as in peace time; he reiterated his belief that congressional restraints on speech were permissible only when speech constituted a “present danger of immediate evil or an intent to bring it about.”
American Free Speech: Oliver Wendell Holmes
What were Oliver Wendell Holmes' beliefs?
Holmes was a legal realist, as summed up in his maxim, "The life of the law has not been logic: it has been experience". He was also a moral skeptic and an opponent of the doctrine of natural law.
What did the founders say about free speech?
“Without Freedom of Thought, there can be no such thing as Wisdom; and no such thing as public liberty, without Freedom of Speech.” “Reason and free inquiry are the only effectual agents against error.”
What is the most famous quote about justice?
"Injustice anywhere is a threat to justice everywhere.
What is Oliver Wendell Holmes best known for?
In 1902, President Theodore Roosevelt nominated him for the Supreme Court of the United States. Serving on the Supreme Court for more than 29 years, Holmes became one of the most influential judges in U.S. history, who is still widely cited today.
What did Benjamin Franklin say about free speech?
Benjamin Franklin once said “Without freedom of thought, there can be no such thing as wisdom – and no such thing as public liberty without freedom of speech.” The United States provides protections for free speech.
What is the most famous quote about freedom?
There isn't one single "most famous" quote, but top contenders often include Patrick Henry's "Give me liberty, or give me death!" for its revolutionary spirit, Martin Luther King Jr.'s "Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed" for civil rights, and George Orwell's profound observation, "Freedom is the freedom to say that two plus two make four," from 1984, highlighting truth and critical thought. Other popular choices emphasize personal responsibility or the essence of liberty, like Jean-Paul Sartre's "Man is condemned to be free" or Nelson Mandela's "Education is the most powerful weapon which you can use to change the world," often linked to liberation.
Who said if freedom of speech is taken away?
As George Washington said, "If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter." Freedom of speech has been a basic freedom of our country since it was organized. It lets us express our thoughts, opinions, and beliefs as we choose.
What is the Holmes theory of law?
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents.
Does free speech allow racism?
Free speech is not a licence for racists to spread racist propaganda.
What did Supreme Court justice Oliver Wendell Holmes say about taxes?
To the editor — “Taxes are what we pay for a civilized society,” U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said in 1904.
What was Ruth Ginsburg's famous quote?
“Fight for the things that you care about. But do it in a way that will lead others to join you.”
Which is the most powerful quote?
There's no single "most powerful" quote, as impact is subjective, but popular choices often focus on personal growth, action, and resilience, like Mahatma Gandhi's "Be the change you wish to see in the world", Maya Angelou's "Do the best you can until you know better. Then when you know better, do better," or Winston Churchill's "If you are going through hell, keep going," highlighting transformation, courage, and enduring hardship.
What is Maya Angelou's most famous quote?
While several quotes are famous, Maya Angelou's most iconic and widely recognized is: "People will forget what you said, people will forget what you did, but people will never forget how you made them feel." Other highly famous ones include, "Do the best you can until you know better. Then when you know better, do better," and "When you learn, teach. When you get, give."
What is the most famous quote ever said in history?
There's no single "most famous" quote, but top contenders include iconic lines like Neil Armstrong's "That's one small step for man, one giant leap for mankind", Shakespeare's "All the world's a stage," and famous advice like "If you can dream it, you can do it" (Walt Disney) or "The unexamined life is not worth living" (Socrates), often cited for their profound impact and widespread recognition.
What is the Holmes motto?
The Holmes Motto. Motto Translation: Trust, but in whom take care.
Who was Holmes' greatest adversary?
Professor Moriarty is Sherlock Holmes's most challenging adversary. He emerges in 'The Adventure of the Final Problem' as Holmes's last adventure with Dr. Watson, who narrates the tale with a 'heavy heart' because Professor Moriarty is responsible for the death of Sherlock Holmes.
What did Winston Churchill say about free speech?
some people's idea of it [debate] is that they are free to say what they like, but if anyone says anything back, that is an outrage. 1943, 13 OCTOBER. In conclusion, Winston Churchill may be credited with the words he spoke in Parliament in 1943.
What did Ben Franklin say about free speech?
Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. An evil magistrate intrusted with power to punish for words, would be armed with a weapon the most destructive and terrible.
What did George Orwell say about freedom of speech?
importance of being able to say what one thinks is true underlies the famous Orwellian aphorism from Nineteen Eighty-Four that 'Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.