Love it or hate it, the freedom to say obnoxious and subversive things is the quintessence of what makes America America. But our say-almost-anything approach to free speech is actually relatively recent, and you can trace it back to one guy: a Supreme Court justice named Oliver Wendell Holmes. Even weirder, you can trace it back to one seemingly ordinary eight-month period in Holmes’s life when he seems to have done a logical U-turn on what should be say-able. Why he changed his mind during those eight months is one of the greatest mysteries in the history of the Supreme Court. (Spoiler: the answer involves anarchists, a house of truth, and a cry for help from a dear friend.) Join us in an episode we originally released in 2021, as we investigate why he changed his mind, how that made the country change its mind, and whether it’s now time to change our minds again.

Special thanks to Jenny Lawton, Soren Shade, Kelsey Padgett, Mahyad Tousi and Soroush Vosughi.
LATERAL CUTS:
Content Warning
Facebook Supreme Court
The Trust Engineers
EPISODE CREDITS:
Reported by - Latif Nasser
Produced by - Sarah Qari
with help from - Anisa Vietze

Signup for our newsletter!! It includes short essays, recommendations, and details about other ways to interact with the show. Sign up (https://radiolab.org/newsletter)!

Radiolab is supported by listeners like you. Support Radiolab by becoming a member of The Lab (https://members.radiolab.org/) today.

Follow our show on Instagram, Twitter and Facebook @radiolab, and share your thoughts with us by emailing [email protected].

Leadership support for Radiolab’s science programming is provided by the Simons Foundation and the John Templeton Foundation. Foundational support for Radiolab was provided by the Alfred P. Sloan Foundation.