What did Oliver Wendell Holmes do in the Civil War?
He previously served as a Brevet Colonel in the American Civil War, an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.
Was Oliver Wendell Holmes at Gettysburg?
As his regiment fought at Gettysburg, and the 54th Massachusetts stormed the ramparts at Fort Wagner, Holmes was back in Boston in a state of what now might be diagnosed as depression.
What is the Wendell Holmes theory?
Holmes believed that the law should be defined as a prediction, most specifically, a prediction of how the courts behave. In Holmes’s mind, therefore, it was most useful to define “the law” as a prediction of what will bring punishment or other consequences from a court.
What does Justice Oliver Wendell Holmes decide regarding the legality of the Sedition Act?
Holmes, writing for a unanimous Court, ruled that it was a violation of the Espionage Act of 1917 (amended by the Sedition Act of 1918) to distribute flyers opposing the draft during World War I.
What did Oliver Wendell Holmes Sr wrote about?
After Holmes graduated from Harvard in 1829, he studied at the law school for a year, during which time he wrote the popular poem “Old Ironsides”. His pencil-written poem was about the destruction of a once useful warship, the USS Constitution.
What did Justice Oliver Wendell Holmes say about free speech?
On Nov. 10, 1919, in his famous dissent from the Supreme Court decision in Abrams v. United States, Justice Oliver Wendell Holmes argued for “a free trade in ideas”—even dangerous ideas that we “loathe and believe to be fraught with death.” At the time, the First Amendment was an empty promise.
Where was Oliver Wendell Holmes from?
Boston, MA
Oliver Wendell Holmes Jr./Place of birth
How old is Wendell Holmes?
47 years (1914–1962)
Wendell Holmes/Age at death
What value did Holmes see in war?
Holmes described war as “an organized bore.” He said, “I trust I did my duty as a soldier respectably, but I was not born for it and did nothing remarkable in that way.” In a Memorial Day address to fellow veterans, in 1884, he attributed a certain value to the war experience: “Through our great good fortune, in our …
What is the point Holmes is making by looking at the law from the vantage point of the bad man?
Law is properly characterized from the point of view of what Holmes calls the “bad man.” “If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, and not as a good one, who finds his reasons for conduct.
What did Oliver Wendell Holmes say about freedom of speech?
In his dissent, Holmes stated that the principle of free speech remained the same during war time as in peace time; he reiterated his belief that congressional restraints on speech were permissible only when speech constituted a “present danger of immediate evil or an intent to bring it about.”
What was Schenck’s punishment?
Charles T. Schenck had been sentenced to spend ten years in prison for each of the three counts charged against him, which meant thirty years behind bars. (However, he served the three terms at the same time and actually spent a total of ten years in jail.)