In this article, Andrew Cohen, a contributing editor at The Atlantic, gives an overview of the concept of the first amendment, its lack of permeation in society, and the fundamental role it has in human existence. He states the importance of the first amendment when he states, "If there is a more relevant or powerful message in American law, I am not aware of it. Relevant because it expressed a universal concept... Powerful because it went beyond legal precepts to a fundamental fact of human existence: We all make mistakes." This article revolves around the case Abrams vs. United States, which gives a hint at how and why Oliver Wendell Holmes has changed his views about the first amendment. Cohen also goes in depth on how Holmes' dissent has affected American thought and law. Holmes, when reflecting on the case, looks at the concepts which the first amendment encompasses, including the liberty of speech and its interwound counterpart, liberty of the market. He further describes it as being a passage which acknowledges the weakness of man, but also his attempt to overcome it. In this case Holmes shows a controversial side of the freedom of speech, taking the meaning almost literally. Although the author of the article, Cohen, has no bias, he develops upon the information which seems to reflect the passages from Abrams vs. United States case, based on what has happened in the past. He then turns to a book written in response to Abrams vs. United States, which outlines the art which is lost to law and politics, changing someone's mind. This book outlined how Holmes changed his mind, and how this could lead a country to be influenced by one influential person which has had a radical change in core beliefs. It reflects the change Holme makes in a negative light, attacking his idea and the affect it could have an the overall meaning of the freedom of speech. He ends by neither chastising either party(Holmes or Healey, author of The Great Dissent: How Oliver Wendell Holmes Changed His Mind) or their idealisms, but he sees the good which each man has stumbled upon, the idea of how wrong people can be.
In his article, Cohen, supports his expression of information on passages from Oliver Holme´s trial Abrams vs. United States. He relies heavily on assumptions which he makes based on the reading he does of the case notes, while also on direct quotation. Cohen deliberates his information exceptionally well as he continuously provides evidence and shows an understanding of the topic. This essay is mostly informative by nature, where he relies upon past occurrences which reflect our current situation, although it does rely on some argumentation. He further produces a focused and unbiased article when he gives a glimpse of counter-arguments to that of Holmes, through the book which had been written in response to Holmes' dissent in Abrams vs. United States, The Great Dissent: How Oliver Wendell Holmes Changed His Mind. Again, he creates a strong case through quoting passages in the book and taking ideas from the book. Although he does support his initial statement, his conclusion fails to give a solution or opinion, he rather turns to another topic, the tendency of man changing his mind and the negative connotation it has. The information which he uses to expose the matter of change of mind, is produced to expose the idea that man can be wrong. Furthermore, although seemingly informative, the author of the article seems to try to argue at the end that people can be wrong and change their assumptions or ideas, leaving the reader confused.
http://www.theatlantic.com/national/archive/2013/08/the-most-powerful-dissent-in-american-history/278503/
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