Opening Up the Marketplace to Free Trade in Ideas

8 Pages Posted: 21 Jun 2013 Last revised: 12 Nov 2013

See all articles by Paul Murphy

Paul Murphy

University of Minnesota - Minneapolis

Patrick M. Garry

University of South Dakota - School of Law

Date Written: 1989

Abstract

This is a review essay on Fighting Faiths: The Abrams Case, The Supreme Court, and Free Speech by Richard Polenberg (New York: Viking Press, 1987). In a culture of consesus, the dissenting voice rarely finds an eduring place in history. An exception occurs when the dissent ultimately becomes the majority voice or when it wisely directs future generations to a new course. Polenberg's book title implies that the main focus of the book is on the Supreme Court's free speech theories and the Holmes dissent. Instead the focus is more on the story of the Abrams defendants. He describes the defendants beliefs and action in great detail, at the same time as he gives an insightful view of the evolution of the famous Holmes dissent.

Keywords: Review, Abrams case, Supreme Court, dissenting voice, free speech theories, Holmes dissent

JEL Classification: K1, K3, K10, K30

Suggested Citation

Murphy, Paul and Garry, Patrick M., Opening Up the Marketplace to Free Trade in Ideas (1989). Law and Social Inquiry, Vol. 14, No. 415, 1989, Available at SSRN: https://ssrn.com/abstract=2282112

Paul Murphy

University of Minnesota - Minneapolis

110 Wulling Hall, 86 Pleasant St, S.E.
308 Harvard Street SE
Minneapolis, MN 55455
United States

Patrick M. Garry (Contact Author)

University of South Dakota - School of Law ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

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