Learned Hand’s Spirit of Liberty

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Learned Hand’s Spirit of Liberty
Pledge Of AllegianceLibertyDemocracy
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Lincoln Caplan writes about how, eighty years ago, Americans embraced a new definition of their common faith.

Leading everyone in the Pledge of Allegiance, after brief remarks, was Judge Learned Hand, who was seventy-two and in his twentieth year on the U.S. Court of Appeals for the Second Circuit, in Manhattan. Until then, most Americans had never heard of him, though Hand was well known in legal circles. His remarks—barely five hundred words—turned him into a revered public figure. Hand spoke in a mid-Atlantic accent, reflecting his upbringing in a family of lawyers and judges in Albany.

During the following year and a half, Hand and others nudged Holmes, at the age of seventy-eight, to change his mind. They included Harold Laski, a young British political scientist; Zechariah Chafee, Jr., a young Harvard Law School professor; and Justice Louis D. Brandeis, Holmes’s good friend and trusted peer on the Court. With Laski’s encouragement, Holmes looked to John Stuart Mill’s “On Liberty” for a way of framing free speech’s purpose.

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