The Latest Breaking News from Oliver Wendell Holmes

Anyone discussing free speech should at least try to get this right.

What is a "house"?

The article is here; the Introduction: Over one hundred years ago, in Schenck v. United States, Justice Oliver Wendell Holmes created a meme. Holmes wanted to illustrate why freedom of speech was not—and could never be—absolute. "The most stringent protection of free speech," Holmes wrote, "would not protect a man…

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Contra the famous quotation from Oliver Wendell Holmes, there's nothing particularly civilized about the way our governments spend the money we provide.

The spectacle of a criminal trial in state or federal court would have a dramatic effect on a presidential campaign

A Manhattan grand jury has voted to indict former President Donald Trump. The specific state charges, reports The New York Times, “remain a mystery” but will be related to the Manhattan district attorney’s investigation of Trump for making hush money payments to a porn star just before the 2016 presidential…

How a Prohibition-era legal precedent allows warrantless surveillance on private property.

BALTIMORE — More than a dozen men gathered for a banquet at Baltimore’s Belvedere Hotel in March 1914, and though they were set to embark into challenging, uncharted territory, they were brash and confident. The men were the stakeholders of the new Federal League — a rival to the established…