Then actually read his decisions. "First Amendment defender"?! He ruled against the first Amendment, including upholding a conviction for contempt for a political cartoon lampooning the Colorado Supreme Court published in his newspaper. There are several others.
"The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, and even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.[2]"
Another way of saying: "If you can't be just, then be arbitrary."
"If what he said in some of those opinions were accepted literally, there would be scarcely any brake at all upon lawmaking, and the Bill of Rights would have no more significance than the Code of Manu." - HL Mencken on OWH Jr.
Read the first paragraph of this article:
https://mtsu.edu/first-amendment/article/1337/oliver-wendell-holmes-jr
Then actually read his decisions. "First Amendment defender"?! He ruled against the first Amendment, including upholding a conviction for contempt for a political cartoon lampooning the Colorado Supreme Court published in his newspaper. There are several others.
"We're the Elect without God, only of Reason."