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CSPAN2 Key Capitol Hill Hearings December 31, 2013

Learned hand, a wonderful name for a judge. So he is not a young person. Hes a middleaged person. He also plays a role in Justice Holmes changing of his mind. Can you talk about that a little bit . An interesting interplay of judges and this question. Learned hand was on on the Federal District court at the time. He was in his mid40s. He was a very well regarded judge of the philosophical event. He hears one of the first cases in the espionage act and one of the first judges to interpret the act and deal with these freespeech questions that it raises. He adopts a very narrow construction of the espionage act so as to leave a lot of room for free speech. And he does this before holmes writes in a these opinions. The hand is reversed by the Second Circuit that hes upset about this and he thinks he was right. Its really h ....

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