Monday, February 4, 2019
Thomas Healy, Seton Hall University School of Law, has published Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent at 50 Arizona State Law Journal 803 (2019). Here is the abstract.
In this essay marking the centenary of Learned Hand's opinion in the Masses case, I attempt to identify the influence Hand had on the free speech views of Justice Oliver Wendell Holmes and how that influence manifested itself in Holmes's 1919 dissent in Abrams v. United States. I also attempt to show that, in spite of that influence, Holmes's theoretical justification ultimately differed from the one Hand articulated in Masses.
Download the essay from SSRN at the link.