Research On Jr.Oliver Wendell Holmes' Thought Of Freedom Of Speech

Jr.Oliver Wendell Holmes is one of the greatest judges in the history of American law.During his forty-nine-year career as a judge,he wrote many far-reaching judgments,and the most famous part of them focused on freedom of speech.His "clear and present danger" principle and the "marketplace of ideas"theory occupy an important position in the history of American freedom of speech,which greatly promotes the development of freedom of speech.Holmes'life is legendary.Born into an aristocratic family,he received good education.And he once joined the army and suffered heroic injuries.He has been criticized for advocating social Darwinism of survival of the fittest,and for protecting freedom of speech,he has become an idol of liberals with a large number of followers.Holmes' thought of freedom of speech is constantly changing,and every important change has a far-reaching impact on the protection of freedom of speech in the United States.This paper is divided into six parts.By analyzing the background of Holmes'era and the theoretical background of freedom of speech,and taking the cases of freedom of speech as clues,this paper comprehensively analyses Holmes' letters,speeches,personal experiences and the influence of others,and systematically combs his thought of freedom of speech.The first part is the 19th century American theory of freedom of speech.This part analyzes the theoretical basis of Holmes' thought of freedom of speech.The 19th century American freedom of speech theory can be divided into two categories,namely,the freedom of speech based on individual freedom and the freedom of speech based on political freedom.The former profoundly influenced Holmes' view of freedom of speech.The second part is Holmes' early thoughts of freedom of speech.The "clear and present danger" principle and "the marketplace of ideas,are the most striking parts of Holmes' theory of freedom of speech.However,before this,Holmes also judged many cases concerning the right to speech,reflecting his early thoughts on freedom of speech.Holmes' early thinking about freedom of speech was preliminary,mainly following common law principles and Blackstone's "bad tendency test",with little deviation from the jurisprudence tradition.Interestingly,Holmes has taken a different approach to explaining freedom of speech with economic relations.The third part is the "clear and present danger" principle.Since its birth,it has caused a lot of controversy.Later,it has been continuously developed and perfected in a series of referees in free speech cases.It has gradually become a powerful weapon for protecting freedom of speech.It has been adopted as a referee standard by the Supreme Court for a long time.It also has a profound impact on American society.This part will study the principle from four aspects:origin,development,controversy and reflection,influence and evaluation.The fourth part is the "marketplace of ideas".This theory is another major contribution of Holmes to the protection of freedom of speech.This part will analyze Holmes' free market theory from the following aspects:proposing,theoretical controversy,influence and evaluation.The fifth part is the factor that influences Holmes' thought of freedom of speech.Holmes' thought of freedom of speech originated from a specific era background,closely related to the regulation of speech in the United States during wartime,and also reflected the characteristics of individualism and pragmatism.Holmes' military experience and his study experience have influenced the shaping of his thoughts on freedom of speech.In addition,his father,Oliver Wendell Holmes,British philosopher Mill,members of the Metaphysical Club,Judge Hand,Chafee and Judge Brandeis,have affected Holmes' thought of freedom of speech to varying degrees.The last part is the conclusion,summarizing the formation process and development characteristics of Holmes' thought of freedom of speech.