Curious Concurrence: Justice Brandeis’s Vote in Whitney v California

@article{Collins2005CuriousCJ,
  title={Curious Concurrence: Justice Brandeis’s Vote in Whitney v California},
  author={Ronald K. L. Collins and David M. Skover},
  journal={The Supreme Court Review},
  year={2005},
  volume={2005},
  pages={333 - 397}
}
A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for… Expand
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