Curious Concurrence:
Justice Brandeis’ Vote in
Whitney v. California


Ronald K.L. Collins
Scholar, First Amendment Center, Arlington, VA.

David M. Skover
Dean's Distinguished Research Scholar & Professor of Law, Seattle University School of Law, Seattle, WA.

(c) 2005, Collins & Skover.

This article was originally published in 2005 Supreme Court Review 333 (2006). 
An expanded version of this article will appear in a forthcoming book, entitled Those Who Won Our Independence: Louis Brandeis’ Great Free-Speech Opinion (2007).

We sincerely thank Geoffrey Stone, who encouraged this article and then shepherded it through the editorial process. 
Our appreciation goes, as well, to Dean Elena Kagan of the Harvard Law School, and David Warrington and Edwin Moloy of Special Collections at the Harvard Law School Library,
for permission to reprint various items from the Louis Brandeis Papers. 
This article is dedicated to our friend and colleague, Steven Shiffrin – a wonderful soul who, like Harry Kalven before him, honors the “worthy tradition”
by keeping alive the fighting spirit of dissent.  Steve: this one is for you.


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