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The Lessons of 1919

72 SMU Law Review 361 (2019)
2019
  • 0
    Citations
  • 656
    Usage
  • 0
    Captures
  • 1
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Usage
    656
    • Abstract Views
      605
    • Downloads
      51
  • Mentions
    1
    • Blog Mentions
      1
      • Blog
        1
  • Ratings
    • Download Rank
      782,916

Paper Description

One hundred years ago, the Supreme Court embarked on its first serious consideration of the First Amendment’s guarantee of freedom of speech. In 1919, the Court upheld four federal criminal convictions over First Amendment defenses. Three of the majority opinions were written by Justice Holmes. In the fourth, he offered a classic dissent. Two of the cases, Frohwerk v. United States and Debs v. United States, are of middling significance. The other two, Schenck v. United States and Abrams v. United States, are iconic. From these cases have sprung an expansive and complex jurisprudence of free speech. The author elaborates on these historical cases, and their significance to freedom of speech doctrine and jurisdiction.

Bibliographic Details

Lackland Bloom

constitutional law; First Amendment; freedom of speech; Supreme Court; Schenck v. Unived States; Abrams v. United States

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