31
Views
3
CrossRef citations to date
0
Altmetric
Original Articles

The creation of a legacy: Brandeis’ concurring opinion in Whitney V. California

Pages 143-155 | Published online: 01 Apr 2009
 

Abstract

This essay examines the strategies used by Supreme Court Justice Louis Brandeis in his concurring opinion in Whitney. Brandeis attempted to use a decision upholding a conviction of a speaker to promote the clear and present danger test. He did this by arguing that the framers were much more favorable to free speech than they actually were. Thus, Brandeis used the decision to create a legacy for free speech where none existed before.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.