Holmes, appointed to the Court by President Theodore Roosevelt in 1902, remains one of the best-known and most popular justices in Supreme Court history. He believed that popular majorities through their elected representatives should not have their will thwarted capriciously; when his colleagues on the court nullified social legislation - e.g., minimum wage and hour laws - as unconstitutional, he vigorously objected.
In cases dealing with free speech, Holmes felt it necessary for the judge to loose the bonds of restraint and prevent legislatures from assuming censorious powers. In defense of the First Amendment, he developed the “clear and present danger” rule, which allows for restrictions only when the public interest is faced with immediate threat. In January 1932, the 90-year old Holmes stepped down from the bench.
Signed Photograph. A superb 8 by 10 inch sepia photograph from the noted Bachrach studio, signed and dated by Holmes on September 29, 1932.