Faculty Scholarship: Holmes, Humility, and How Not to Kill Each Other by John Inazu
Abstract Justice Oliver Wendell Holmes’s dissent in Abrams v. United States is one of the intellectual anchors of modern First Amendment doctrine. In that opinion, Holmes sets out two core aspects of his free speech jurisprudence: his pragmatic concern about majoritarian control and his quasi-libertarian preference for the “competition of the market.” In the century…