ABSTRACT
In a surge of litigation after the end of hostilities, nine notable cases touching the freedom of expression would reach the Supreme Court. Before they entered the tribunal’s docket, only a few references to freedom of expression appeared in judicial opinions, largely restrictive readings when alluding to the libelous or obscene or to dangerous speech, the last usually that of anarchists. The judicial tilt toward the approval of governmental power and policies could be expected, as has been maintained, given the personal, social, and political convictions of judges; the rampant ultra-nationalism in wartime, and the judicial profiles themselves. As Chief Justice, Edward Douglass White would do little to restrain the “merry sport” that Hand lamented. In fact, during White’s twenty-seven years tenure, numerous convictions owing to repressive state and federal measures would be upheld by the High Court. For the most part of White’s innate conservatism, respect for inherent government powers and reverence for stare decisis prevailed. 1
