Bench Memos

A Minor Point

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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