liberty of speech, liberty of contact, liberty of thought are not a part of the holmesian universe. this is simply nuts and he abandons it later on. he gets the arguments wrong. remember the contexts. lochner was a statue supported by union workers that wanted to keep alien workers out of the marketplace. the german workers, they worked 16 hour days, and it sounds terrible. you read the statue, you see section nine, section 10, it says that you have to have ventilation on the sleeping quarters. that should tell you what is going on here. the reason these guys were on it is because they worked four hours or five, they were sleeping on the job and that counted as work. the union workers essentially worked two separate shifts with two separate groups of men. the justice who was right on this issue, who was a real hawk on antitrust laws, he looks at the situation and he says all this is designed to do is not to protect the health of the workers. this is a criminal prosecution, for heaven's sake. it is designed to protect union workers from nonunion competitors. now who agreed with him?