The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Thomas Healy

Metropolitan Books

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A gripping intellectual history reveals how Oliver Wendell Holmes became a free‑speech advocate and established the modern understanding of the First Amendment

No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.

Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.

Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

A Kirkus Reviews Best Nonfiction Book of 2013

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Prologue
An Unexpected Visit

On Friday, November 7, 1919, as federal agents launched a nationwide raid on the homes and meeting halls of Russian immigrants, three members of the United States Supreme Court mounted the steps of a redbrick town house in Washington, D.C., just blocks away from the White House. Unlike the agents, who had been dispatched by an ambitious young official named J. Edgar Hoover, the justices were not hunting for communists. They were there to call on their colleague Oliver Wendell Holmes Jr., Boston Brahmin, Civil War veteran, and sage of the common law.

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Thomas Healy on HuffPost Live's 'Legalese It!"

Thomas Healy discusses 'The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America" on Huffpost Live's 'Legalese It!' with Mike Sacks.

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Thomas Healy interviewed on The Leonard Lopate Show

Thomas Healy discusses 'The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America" on The Leonard Lopate Show.

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Reviews

Praise for The Great Dissent

Winner of the Robert F. Kennedy Book Award and the Hugh M. Hefner First Amendment Award

A New York Times Book Review Editors’ Choice

Selected as one of the best nonfiction books of 2013 by The Christian Science MonitorKirkus Reviews, MLive, and the Electronic Frontier Foundation (EFF)

“Riveting... Healy’s informative and readable account deserves an honored place in the intellectual history of the Supreme Court.”
The New York Times Book Review

“Fascinating… A magnificent book about a magnificent moment in American legal history.”
—The Atlantic

“Healy tells the conversion story well, bringing the reader into Holmes’s confidence and into the uneasy, war-weary milieu of 1919 America. The Great Dissent is compelling, too, for the glimpses it gives of the human Holmes rather than the Olympian public figure.… A fascinating tale—and a charming one.”
—The Wall Street Journal

The Great Dissent arrives just when its insight is needed.”
The Washington Post

“Eye-opening... A stirring mix of intelligent biography and truly significant social and legal history.”
—The Christian Science Monitor

“A skillfully rendered slice of history… With appreciable attention to detail, Healy gives this historical tale of jurisprudence a welcome warmth, humanizing one of the nation’s critical developments.”
The Boston Globe

“Astutely describes a constellation of influences working on the 78-year-old justice—some strictly intellectual, some a reaction to the Red Scare period, some born of his deep relationships with younger comrades... In The Great Dissent, readers who care about the cherished right of free speech will learn just how it got so free.”
The Dallas Morning News

“Superb... Healy does an excellent job in bringing Holmes, a complex and fascinating man, to life, [and] masterfully guides us through related cases that the Supreme Court decided during this period....  The Great Dissent succeeds as outstanding personal, intellectual, and legal history.”
BookPage

“Wonderful and engaging... A persuasive account... The Great Dissent should be of interest to all who care about the First Amendment and constitutional law. More generally, the book is a wonderful exploration of how justices think and arrive at their positions.”
Erwin Chemerinsky, California Lawyer

“A brilliant, extraordinary book... A first-rate and original intellectual history [that] reads like a suspenseful historical novel... One of the best books ever written about American law, on a par with classics like Gideon’s Trumpet by Anthony Lewis and Simple Justice by Richard Kluger.”
—New York County Lawyer

“Engrossing… An exceptional account of the development of the Constitution’s most basic right, and an illuminating story of remarkable friendships, scholarly communication, and the justice who actually changed his mind.”
Kirkus Reviews (starred review)

“Healy masterfully depicts the transition from Holmes’s limited view of First Amendment protections to an expansive, eloquent, and precedent-setting interpretation.… Along with clear explanations of the legal theories at play, the author provides context to Holmes’s decision with informative descriptions of the historical events of the time and insightful forays into Holmes personal psychology. This is a fascinating look at how minds change, and how the world can change in turn.”
—Publishers Weekly

“A beautifully written history, capturing the lively and passionate debate as Holmes came to see the abiding imperative of free speech.”
—Booklist

“This is the most exciting and illuminating book on the history of the American free speech tradition I have ever read. Thomas Healy’s masterful account is a thrilling combination of intellectual detective work, gripping narrative, and psychological biography. If you’re looking for a page-turner of constitutional history, this is the book to read: with unforgettable detail, it shows how the crowning achievement of American liberty—the principle that speech can’t be banned unless it threatens imminent violence—actually emerged from Holmes’s nimble mind, skeptical temperament, broad reading, and concern for his embattled friends.”
—Jeffrey Rosen, author of The Supreme Court: The Personalities and Rivalries That Defined America

“This is a gem of a book, part intellectual detective story, part judicial biography, and all composed with a flair that makes it a pleasure to read. The revelation—it is nothing less than that—of how Justice Holmes came to write the greatest First Amendment opinion in American history is worth the attention and admiration of all.”
—Floyd Abrams, author of Friend of the Court: On the Front Lines with the First Amendment

“Lively and engaging... The Great Dissent takes us back to the time when a collection of great men—including Learned Hand, Felix Frankfurter, Ernst Freund, Harold Laski, and Louis Brandeis—nagged, cajoled, and eventually enlightened Oliver Wendell Holmes into writing the most eloquent and most important free speech opinion in American history.”
—Geoffrey R. Stone, author of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

The Great Dissent is that rare book that combines first-rate scholarship with brilliant storytelling. Bursting with intimate details and colorful characters, it brings to life the ideas underlying our First Amendment tradition. Free speech, it reminds us, does not come from the Constitution alone, but from passionate personal struggles.”
—Nadine Strossen, former president of the American Civil Liberties Union and author of Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights


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About the Author

Thomas Healy

Thomas Healy is a professor of law at Seton Hall Law School. A graduate of Columbia Law School, he clerked on the U.S. Court of Appeals for the Ninth Circuit and was a Supreme Court correspondent for The Baltimore Sun. He has written extensively about free speech, the Constitution, and the federal courts. The Great Dissent is his first book.

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Available Formats and Book Details

The Great Dissent
How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America
Thomas Healy

Award

Christian Science Monitor Best Books of the Year , Kirkus Reviews Best Books of the Year

Hardcover

Hardcover
Henry Holt and Co.
Metropolitan Books
August 2013
Hardcover
ISBN: 9780805094565
ISBN10: 0805094563
6 1/8 x 9 1/4 inches, 336 pages, 1 8-page black-and-white insert
$28.00

Trade Paperback

Trade Paperback
Picador
9/9/2014
Trade Paperback
ISBN: 9781250058690
ISBN10: 1250058694
6 1/8 x 9 1/4 inches, 352 pages, Includes one 8-page black-and-white photograph section
$20.00

e-Book Agency

e-Book Agency
Henry Holt and Co.
Metropolitan Books
August 2013
e-Book Agency
ISBN: 9781429949095
ISBN10: 1429949090
336 pages
$14.99
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