Oliver Wendell Holmes, Jr.
Overview
 
Oliver Wendell Holmes, Jr. (March 8, 1841 – March 6, 1935) was an American jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...

 who served as an Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 from 1902 to 1932. Noted for his long service, his concise and pithy opinions, and his deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for his "clear and present danger
Clear and present danger
Clear and present danger was a term used by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I:...

" majority opinion in the 1919 case of Schenck v. United States
Schenck v. United States
Schenck v. United States, , was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present...

, and is one of the most influential American common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 judges.
Quotations

The life of the law has not been logic; it has been experience.

The Common Law|The Common Law (1881), p. 1.

State interference is an evil, where it cannot be shown to be a good.

The Common Law|The Common Law (1881), p. 88-96.

Free competition is worth more to society than it costs.

Vegelahn v. Guntner, 167 Mass. 92, 44 N.E. 1077, 1080 (1896) (opinion of the Supreme Court of Massachusetts).

We see what you are driving at, but you have not said it, and therefore we shall go on as before.

Johnson v. United States, 163 Fed. 30, 31 (1908).

But as I grow older I grow calm. If I feel what are perhaps an old man's apprehensions, that competition from new races will cut deeper than working men's disputes and will test whether we can hang together or can fight.

"Law and the Court", speech at a dinner of the Harvard Law School Association of New York on February 15, 1913.

I think it not improbable that man, like the grub that prepares a chamber for the winged thing it never has seen but is to be — that man may have cosmic destinies that he does not understand.

"Law and the Court", speech at a dinner of the Harvard Law School Association of New York on February 15, 1913.

Certitude is not the test of certainty. We have been cocksure of many things that were not so.

"Natural Law", 32 Harvard Law Review 40, 41 (1918). Reprinted in Alfred Lief, ed., The Dissenting Opinions of Mr. Justice Holmes (1929), p. xiv.

The character of every act depends upon the circumstances in which it is done.

Schenck v. United States|Schenck v. United States, 249 U.S. 47, 52 (1919) (opinion published 3 March 1919).

The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.

Schenck v. United States|Schenck v. United States, 249 U.S. 47, 52 (1919) (opinion published 3 March 1919).

 
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