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Schenck v. United States

Did you ever wonder where the metaphor of falsely shouting fire in a theater comes from? Several years ago, I was co-writing a book about American political repression with Ellen Schrecker, the brilliant historian of McCarthyism. We came across a fantastic article by University of Texas legal scholar Lucas Powe that made a strong case for where Oliver Wendell Holmes, who came up with the metaphor, might have gotten the idea for it. Ellen followed up Powe’s hypothesis with some extensive sleuthing in the Michigan archives, and what follows is the result of her research and our writing. [click to continue…]