The Latest Breaking News from Oliver Wendell Holmes

From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.

The Court’s departures from standard choice of law principles (or, takings doctrine for federal courts gurus).

For free speech on campus, Brandeis and Holmes should guide colleges and universities.

After the crackdown on anarchists died down, it became more difficult to imagine anyone could go to jail in America solely for political heresy.

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…