From Civil War To WWI : Analysis On The Early Speech Metamorphosis Of Mr. Justice Holmes

Jr. Oliver Wendell Holmes is not only well-known among the law science community, but also known in the journalism and communication field for his ideas of free speech. Most Academics on mass media law know such ideas of Holmes as free"Clear and Present Danger"and"Marketplace of Ideas".However, the two opinions were only developed in the last ten years of Mr. Justice Holmes's career, which have been considered as important ideas by Chinese researchers. As Chinese academics are acquainted with Holmes's late ideas of free speech, the author will focus little on the two ideas in the following dissertation.This dissertation gives an analysis on the evolution of Mr. Justice Holmes's ideas of free speech of his first 40 years'career, which is, from the civil war (1861) to Schenck.v.United States (1918).The dissertation is divided into two parts: part one is about Holmes's early life; part two is about the first 15 years of Holmes's career in Massachusetts Supreme Court and U.S. Supreme Court. The former part focuses on the experience that had deeply affected Holmes's ideas of free speech, which includes joining the civil war, receiving law education in Harvard College, encountering with John Stuart Mill, and associating with Metaphysical Club members. The latter part analyzes a series of cases related to free speech that Holmes had dealt with in the first 35 years of his career.The perspective of this dissertation is from Holmes's acquisition and repudiation of Blackstone. Therefore, the author introduces three interpretations of the First Amendment in 1850s in Chart II for a better understanding of Blackstone's ideas. Even if Mill and Metaphysical Club members had had an effect on his idea of free speech in his early life, Mr. Justice Holmes still employed Blackstone's theory when judging first speech case in Massachusetts Supreme Court.Mr. Justice Holmes had not repudiated Blackstone's theory until 1915. Since then, Holmes's attitude to free speech began to change obviously. He vetoed Blackstone's theory by the end of 1918.When adopting Blackstone's theories, Holmes had referred to different basis. The author analyzes the court decisions in details. More importantly, the author also explores the historical factors to Holmes's conversion on free speech. At last, according to Holmes's free speech, we discuss the status quo of free expression in China's internet.