Much has been said and written about Oliver Wendell Holmes Jr. He was a Harvard law scholar (hey-just like Obama) and was even a soldier in the war of 1861. In 1899, he was appointed chief justice of the Massachusetts Supreme Court.
But Holmes is also probably best known for his declarations on free speech and his statement that “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic”. Liberals always trot out this quote to prove that there are good reasons for limiting free speech, and that the state must surely be employed to make sure crazy people don’t go yelling fire or ‘jihad’ in theatres or something like that.
Anyway, the great Mark Steyn addressed this issue yet again at the Ontario legislature earlier this month. At the post-testimony Steynette scrum, Mark reminded us about how his lawyer, Julian Porter, pointed out in his summation during the Maclean’s case that the operating word is ‘falsely’. If there is a fire burning and there is an imminent threat, one is actually obligated to yell fire and warn others. Accurate quotations from Holmes can be found in both The Mind and Faith of Justice Holmes, ed Max Lerner (Garden City, NY: Halcyon House, 1943) and several of Holmes’ Supreme Court decisions.
So, to make a long story longer, I started reading a fantastic book-the War Against the Weak: Eugenics and America’s Campaign to Create a Master Race, by Edwin Black. It’s really chilling stuff. I’m turning the pages at a furious rate, aghast at the history of the eugenics movement in America, when guess who pops up in the chapter called “The United States of Sterilization”? Right! Oliver Wendell Holmes Jr.
It seems like our friend Oliver was quite a nasty bastard and quite the proponent of eugenics. Under his watch, the “feebleminded” Carrie Buck was eugenically sterilized by the state after being raped. Here are the words that concluded his opinion on the eugenic sterilization of an American citizen (see Buck v. Bell 274 U.S 200, 1927 for verbatim transcription):
“It is better for all the world, if instead of waiting to execute degenerate off-spring, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continueing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough.”
All this is to say that liberals should be more aware of who they are quoting in defense of restrictions on freedom of any sort-from freedom of speech and thought to reproductive freedom. They should consider the source of their fantasies on restriction any of our human freedoms. They should take a look in the mirror and make damn sure that they aren’t diabetic, epileptic, asthmatic, folicularly challenged (that's BALD in politically correct-speak) or 'feebleminded' (liberalism is after all a mental illness), because they would be on Dear Oliver’s hit list, too.
Anyone who uses the ever so tired ‘fire in a theatre’ quote better damn well know who it came from, and what he stood for because it ain’t pretty. Not only is the quote misused, but there is needs to be far more discussion on the totalitarian beast behind the quote that liberals try to use to scare free-speechers. Your thoughts and freedom of speech are clearly, only the beginning.