Quotation from Holmes’ Dissent:
But when men have realized that time has upset many fighting
faiths, they may come to believe even more than they believe the
very foundations of their own conduct that the ultimate good
desired is better reached by free trade in ideas -- that the
best test of truth is the power of the thought to get itself
accepted in the competition of the market, and that truth is
the only ground upon which their wishes safely can be carried out.
That, at any rate, is the theory of our Constitution. It is an
experiment, as all life is an experiment. Every year, if not
every day, we have to wager our salvation upon some prophecy
based upon imperfect knowledge. While that experiment is part of
our system, I think that we should be eternally vigilant against
attempts to check the expression of opinions that we loathe and
believe to be fraught with death, unless they so imminently
threaten immediate interference with the lawful and pressing
purposes of the law that an immediate check is required to save
the country. I wholly disagree with the argument of the
Government that the First Amendment left the common law as to
seditious libel in force. History seems to me against the notion.
I had conceived that the United States, through many years, had
shown its repentance for the Sedition Act of 1798, by repaying
fines that it imposed. Only the emergency that makes it
immediately dangerous to leave the correction of evil counsels
to time warrants making any exception to the sweeping command,
"Congress shall make no law . . . abridging the freedom of
speech." Of course, I am speaking only of expressions of
opinion and exhortations, which were all that were uttered here,
but I regret that I cannot put into more impressive words my
belief that, in their conviction upon this indictment, the
defendants were deprived of their rights under the Constitution of
the United States.