The Great Dissent: How Oliver Wendell Homes Changed His Mind—and Changed the History of Free Speech in America
By Thomas Healy
(Metropolitan Books, 336 pages, $14.99)
Those of us who review books for fun and profit rarely go back to read a tome a second time. We give a review our best shot and then move on. So many books, so little time. But with this biography I have gone back to it again because of a nagging doubt I had with its very title.
Did that whited sepulcher for civil libertarians, Supreme Court Justice Oliver Wendell Homes Jr., really change his mind on free speech? And has the constitutional guarantee of free speech really changed? And if not, as I suspect, just how great a dissent could his carefully hedged demur in a 1919 sedition case have been?