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From Civil War to WWI : Analysis on the Early Speech Metamorphosis of Mr. Justice Holmes

Author: PengGuiBing
Tutor: ZhanJiang
School: China Youth Political College
Course: Journalism
Keywords: Freedom of speech Oliver Wendell Holmes William Blackstone
CLC: G210
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


Little Oliver Wendell Holmes, Jr., not only by domestic law experts familiar with, but also because of his views on freedom of expression, journalism and communication scholars familiar with. Whenever scholars to study journalism and communication law, freedom of speech for Holmes thinking will get some idea, such as \But these two viewpoints Holmes, when The judge last more than a decade before the formation of important viewpoint of Holmes late freedom of speech and ideological development. In view of the domestic researchers the Holmes last decade the development of freedom of expression of thought are more familiar with, I almost did not dwell. This article focuses on Holmes any judge about the first 40 years of the freedom of speech ideological and Evolution. From 1861, Holmes participated in the civil war began in 1918, Holmes before ruling Schenck case. The time span of nearly 60 years. Full-text overall is divided into two parts, Holmes early life experiences; Holmes in the first 15 years of the Massachusetts Supreme Court and the Supreme Court. The front part of the main analysis of several the ideological development life experiences affect Holmes freedom of speech, including participation in the Civil War, Harvard accepted legal education philosopher Mill's encounter with the the metaphysics club members between. Specific analysis of the latter part of Holmes to participate in the 35 years before any judge hearing a series of freedom of speech cases. An overall research perspective of the above two-part series, Holmes acceptance of the doctrine of freedom of expression in Blackstone veto. Therefore, the author in the text portion of the beginning to introduce the mid-19th century, three understanding of the First Amendment of the Constitution. Facilitate the reader about Blackstone freedom of speech doctrine. Holmes early life experiences of a variety of factors in shaping the thinking of his freedom of speech, but ultimately Holmes any remarks of the judge during the hearing of cases on the use of the theory of Blackstone. The use of this theory lasted until 1915. 1918, in the case of the Baltic policy, Holmes apparent conversion of the attitude rejected Blackstone theory. By to analyze Holmes heard freedom of speech cases, drawn Holmes Blackstone theory and rejected evolution pedigree chart. Holmes looking for specific judgment based on application of the theory of Blackstone is not the same. I also do on specific judgments views. I also tried analysis of Holmes veto with Blackstone historical factors. In the final chapter, and Holmes, the freedom of expression of thought, the author analyzes the expression, Chinese Internet Context.

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