What did Oliver Wendell Holmes say about free speech?
Asked by: Darby Auer | Last update: June 9, 2026Score: 4.3/5 (58 votes)
Oliver Wendell Holmes championed robust free speech, famously asserting that the best test of truth is "the power of the thought to get itself accepted in the competition of the market" and that we must protect "the thought that we hate". However, he also established the "clear and present danger" test in Schenck v. U.S. (1919), limiting speech that creates an immediate threat, like falsely shouting "fire" in a crowded theater, but his later dissents, particularly in Abrams v. U.S. (1919), showed a strong shift toward greater protection, even for unpopular ideas, valuing open debate for discovering truth.
What did Oliver Wendell Holmes say about freedom of speech?
As Justice Oliver Wendell Holmes wrote, “if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”
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 does Justice Oliver Wendell Holmes say about free speech during wartime?
Attempting to determine what forms of speech were unprotected by the First Amendment, Holmes suggested that it should be determined according to “whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that ...
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.
American Free Speech: Oliver Wendell Holmes
What was Oliver Wendell Holmes philosophy?
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 Ben 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 did Oliver Wendell Holmes have to say about balancing freedom of speech with public safety?
Author: Oliver Wendell Holmes, Jr. It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion when private rights are not concerned. Author: Oliver Wendell Holmes, Jr.
What is an example of the freedom of speech being violated?
The Federal Elections Commission limited distribution of the Clinton film, saying it violated campaign finance law passed by Congress in 2002. In ruling for Citizens United, the court said efforts to limit political spending by corporations and other groups violated their First Amendment right to free speech.
What did Mark Twain say about free speech?
It is by the goodness of God that in our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence never to practise either of them.
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 is Margaret Mead's most famous quote?
Margaret Mead's most famous quote is: "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.". This inspiring quote emphasizes that significant societal change often begins with a dedicated few, highlighting individual action and commitment as catalysts for broader transformation.
What is the most famous quote about justice?
"Injustice anywhere is a threat to justice everywhere.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech in the U.S. include incitement to imminent lawless action, true threats, defamation (libel/slander), obscenity, and fraud, with courts also recognizing restrictions for things like child pornography, plagiarism, and speech that causes substantial school disruption, though hate speech is generally protected. These limits primarily apply to government restriction, while private entities (employers, social media) can set broader speech rules.
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.
What is Oliver Wendell Holmes known for saying?
Oliver Wendell Holmes Jr. Greatness is not in where we stand but in what direction we are moving. We must sail sometimes with the wind and sometimes against it—but sail we must and not drift, nor lie at anchor.
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 did John Locke say about freedom of speech?
As a result, Locke's emphasis on the limits of free speech advocated for a wide-ranging opportunity for everyone to declare their opinions freely and openly, necessitating vigorous debates between opinions without resulting in friction between differing groups, acting as a tool for progress instead of conflict.
What did Thomas Jefferson say about freedom of speech?
A year later, Jefferson suggested to Madison that the free speech-free press clause might read something like: The people shall not be deprived or abridged of their right to speak, to write or otherwise to publish anything but false facts affecting injuriously the life, liberty, property, or reputation of others or ...
What did George Washington say about free speech?
“If freedom of speech is taken away then dumb and silent we may be led like sheep to the slaughter.” — George Washington Washington warns that without the right to speak freely, society becomes vulnerable to tyranny. Speech is not just liberty—it's protection.
What did justice Oliver Wendell Holmes say about free speech?
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 were Wendell Holmes's beliefs?
Wendell's ideas broke with traditional views. He pioneered legal realism, the concept that law was “a living, evolving organism that changed with society's needs.” He published the lectures into a book, The Common Law, which quickly became standard literature in the law community.
What was Oliver Wendell Holmes most famous poem?
“Old Ironsides”1,2 is an iconic poem written by the physician, curmudgeon, and poet Oliver Wendell Holmes Sr (1804-1894). Holmes Sr should not be confused with his son, Oliver Wendell Holmes Jr (1841-1934), associate justice of the Supreme Court, nicknamed “the Great Dissenter.”