Michael Ledeen has another wonderful piece on NRO today, marred only slightly by a misattribution in his final paragraph. He writes: “Justice Holmes taught us that the Constitution is not a suicide pact, and that no one has the right to scream ‘fire’ in a crowded theater.” Oliver Wendell Holmes, Jr. did say the second thing mentioned here, but not the first. That was justice Robert H. Jackson, recently back from prosecuting Nazis at Nuremberg, who observed in 1947 that we should never treat the Bill of Rights as a “suicide pact.”
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About the Author
Matthew J. Franck is a senior fellow at the Witherspoon Institute, a senior contributing editor of Public Discourse, a lecturer in politics at Princeton University, and professor emeritus of political science at Radford University.
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