Oliver Wendell Holmes (soudce) nejznámější citáty
Originál: (en) The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. ... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree.
Oliver Wendell Holmes (soudce): Citáty anglicky
1910s, "Law and the Court" (1913)
Holmes-Laski Letters : The Correspondence of Mr. Justice Holmes and Harold J. Laski, 1916 - 1935 (1953), Vol. 2, p. 942.
1930s
Address at the dedication of the Northwestern University Law School Building, Chicago, Illinois (20 October 1902); republished in Holmes' Collected Legal Papers (1937), p. 272.
1900s
250 U.S. at 630.
1910s, Abrams v. United States, 250 U.S. 616 (1919)
Address to the Harvard Alumni Association to the Class of '61, in Speeches (1913), p. 96.
1910s
“A page of history is worth a volume of logic.”
New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921).
1920s
“Constitutions are intended to preserve practical and substantial rights, not to maintain theories.”
Davis v. Mills, 194 U.S. 451, 457 (1904).
1900s
“A second class mind, but a first class temperament.”
A summation of his opinion of Theodore Roosevelt, indicated in various letters, but not recorded in so succinct a form; often incorrectly stated as his opinion of Franklin D. Roosevelt, as indicated in the p. xiv–xv Introduction to The Essential Holmes (1992) http://books.google.com/books?id=HamEkfqdMcEC&pg=PR14&lpg=PR14, edited by Richard A. Posner.
Attributions
citation needed
1930s
“A good catchword can obscure analysis for fifty years.”
Quoted by Wendell Willkie during an America's Town Meeting of the Air broadcast, at The Town Hall in New York City, (6 January 1938) http://books.google.com/books?id=GekBAAAAMAAJ&q=%22A+good+catchword%22+%22can+obscure+analysis+for+fifty+years%22&pg=A21#v=onepage.
“One has to try to strike the jugular and let the rest go.”
Speech on the death of Walbridge Abner Field, Chief Justice of Massachusetts (25 November 1899), reported in Speeches by Oliver Wendell Holmes (1900), p. 77.
1900s
Oliver Wendell Holmes, Sr., in "The Autocrat of the Breakfast Table" in The New England Magazine, Vol. 1 (1831), p. 431.
Misattributed
"Holmes-Pollock Letters : The Correspondence of Mr. Justice Holmes and Sir Frederick Pollock, 1874-1932" (2nd ed., 1961), p. 109.
Often quoted as "I wouldn't give a fig for the simplicity on this side of complexity; I would give my right arm for the simplicity on the far side of complexity" and attributed to Oliver Wendell Holmes, Sr..
1930s
198 U.S. at 76.
1900s, Lochner v. New York, 198 U.S. 45 (1905)
Speech to the Bar Association of Boston, in Speeches (1913), p. 86.
1910s
“Keep government poor and remain free.”
Attributed to Holmes in a speech by Ronald Reagan (June 15,1982); reported as a misattribution by Paul F. Boller, Jr., and John George, They Never Said It: A Book of Fake Quotes, Misquotes, & Misleading Attributions (1989), p. 46-47.
Misattributed
“General propositions do not decide concrete cases.”
198 U.S. at 76.
1900s, Lochner v. New York, 198 U.S. 45 (1905)
Pennsylvania Coal Company v. H. J. Mahon, 260 U.S. 415, 415 (1922).
1920s
“The aim of the law is not to punish sins, but is to prevent certain external results.”
Commonwealth v. Kennedy, 170 Mass. 18, 20 (1897) (opinion of the Supreme Court of Massachusetts).
1890s
1910s, "Law and the Court" (1913)
1910s, "Natural Law", 32 Harvard Law Review 40, 41 (1918)
“A man's mind stretched to a new idea never goes back to its original dimensions.”
Also reported as "One's mind" instead of "A man's mind", and "can never go back" or "never regains" instead of "never goes back"; most likely properly attributed to Oliver Wendell Holmes, Sr.
Misattributed
Writing for the Court, Bain Peanut Co. v. Pinson, 282 U.S. 499, 501 (1931).
1930s
“A moment's insight is sometimes worth a lifetime's experience.”
Oliver Wendell Holmes, Sr., in "The Professor at the Breakfast-Table" in The Atlantic Monthly Vol. 4 (1859), p. 505.
Misattributed
Speech to the Bar Association of Boston, in Speeches (1913), p. 85.
1910s
Speech to the Bar Association of Boston, in Speeches (1913), p. 85.
1910s
“The great act of faith is when a man decides that he is not God.”
Letter http://archive.org/stream/thoughtandcharac032117mbp#page/n495/mode/2up/search/great+faith+man+God to William James (24 March 1907).
1900s
Donnell v. Herring-Hall-Marvin Safe Co., 208 U.S. 267, 273 (1908).
1900s
"Learning and Science", speech at a dinner of the Harvard Law School Association in honor of Professor C. C. Langdell (June 25, 1895); reported in Speeches by Oliver Wendell Holmes (1896). p. 67-68.
1890s
