Radiolab What Up Holmes?
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Oct 24, 2025 Thomas Healy, a law professor and expert on Oliver Wendell Holmes, dives into the pivotal moments that reshaped American free speech. He discusses Holmes' surprising shift from advocating speech restrictions to championing free expression during the controversial Abrams case. Their conversation uncovers the influence of progressive friends on Holmes' views and explores the implications of today's free speech theories, particularly in the context of social media and misinformation. Healy argues for a new approach that focuses on listener needs over mere speaker rights.
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Holmes's Early Anti‑Speech Stance
- Oliver Wendell Holmes originally supported convicting wartime critics and prioritized national solidarity over individual speech rights.
- His Civil War trauma and belief in collective duty shaped his early anti-free-speech rulings.
The Eight‑Month Reversal
- Holmes dramatically flipped from upholding convictions to defending free speech within eight months in 1919.
- That sudden reversal became foundational to modern First Amendment thought.
House Of Truth Influence
- Holmes befriended a circle of young progressive intellectuals at Washington's House of Truth and relished their debates.
- They treated him like a patriarch and pressured him intellectually and emotionally.
