University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1985 The Original Understanding of the Freedom of the Press Provision of the First Amendment Philip B. Kurland Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Philip B. Kurland, "The Original Understanding of the Freedom of the Press Provision of the First Amendment," 55 Mississippi Law Journal 225 (1985). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. THE ORIGINAL UNDERSTANDING OF THE FREEDOM OF THE PRESS PROVISION OF THE FIRST AMENDMENT* Philip B. Kurland** I. THE CONSTITUTION, LIKE THE COMMON LAW, Is BASED ON EXPERIENCE One of the most quoted phrases in legal literature is Oliver Wendell Holmes's proposition that "The life of the law has not been logic: it has been experience."' Like many of Holmes's well- known aphorisms, it is usually quoted out of context. He was not saying, as some would have it, that law reflects only feelings or ideology rather than reason.' He was rejecting the rigidity of the syllogism, which tells us how to derive a conclusion from a major and minor premise, but tells us not how to discover those prem- ises. There are always more than major and minor premises in- * Copyright 1984 by Philip B. Kurland. This article was originally presented as the Tenth Annual Law Memorial Lecture at the University of Mississippi School of Law in March of 1984.