the youngest being walter lippmann, the oldest being oliver wendell holmes. hen i want to switch to the 1925 photo of the u.s. supreme court. sitting there on the court is oliver wendell holmes junior, who is second from the left. but on the far left is james mcreynolds, and up top on the far right is louis brandeis. in the middle is the former president of the united states william howard taft. what is he doing there? mr. snyder: taft has the unique distention of being a former president sitting on the supreme court as chief justice. a move that people speculated might be in obama's future. i doubt it, but people speculated that. taft really helped remake that court into a much more conservative court. when warren harding becomes president and a liberals like felix frankfurter are kind of in the wilderness, harding, and a short period of time -- he only spent three years in office -- a point four members to the court, including taft. after that, he helps harding select very conservative people to the court and tilted in a conservative direction. these three l

the famous story reportedly oliver wendell holmes telling him to get it down, you idiot because lincoln was so curious to observe while people were shooting. the truth of the matter, it is not clear that was oliver wendell holmes but did -- but somebody did say that. early gathered up supplies and retreated and federals did not cut them off. --ter had fled so far that that he completely marched himself out of the campaign for two weeks. it literally took him two weeks of marching to get back to the washington area that he went so far way. meanwhile, to longer organizing to block early's command. lincoln, according to his clerk, disgusted. he grumbled that right pursued slowly for fear he might come across the rebels and cut -- and captures some of them. in fairness to wright, he was nowhere blameworthy than the other. he received minimal instruction from hallock and not as bad as hunter who fled in the wrong direction. at least in the route, wallace had the good sense to fall back on baltimore which was the defensive task to bring -- to protect baltimore. the real problem lie in the hig

not far from here lies the marker of oliver wendell holmes junior, who later rose to become a supremed that those who serve in our military have hearts that are touched with fire. , heng known a great things said, they are content with silence. if you have ever known one of knownllen, you have greatness, but it is hard to be content with their silence for we miss them. the empty chair on a holiday, and d every day -- holiday, empty everyday, the photograph that goes everywhere with you. they're fighting spirit persists in those who fight today on the air, on land, and at sea. in a world awash with change, some things stand firm, and some things are as plato said, "good, true, beautiful." those who never got a chance to grow old are there to teach us that suffering has meaning if it is accepted out of love for others. to the families of the fallen both here and at home, no words will ease your pain. unite your sorrow to their awesome purpose. people do grace places, that they also grace people. t they also grace people. let us share their stories with others, and then, like the poet, w

not far from here lies the marker of oliver wendell holmes jr., a civil war infantry veteran who latera supreme court justice. holmes said those who serve in our military have hearts that are touched with fire. having known great things, he said, they are content with silence. if you have ever known one of the fallen, you have known greatness, but it is hard to be content with their silence for we miss them. the empty chair on a holiday, empty every day, the photograph that goes wherever you do. the picture fades, but the person in it does not. their fighting spirit persists. passed down through the ranks, their spirit echoes in those who serve today, on air, on land, and at sea. in a world awash with change, some things stand firm, and some things are, as plato said, good and true and beautiful. the kid on the line who never had a chance to grow old will always be there to teach us that suffering has meaning if it is accepted out of love for others. to the families of the fallen both here and at home, no words will ease your pain. but i beg you, let it have meaning. unite your sorrow

not far from here, lies the marker of oliver wendell holmes jr., a civil war infantry veteran who laterhearts that are touched with fire. having known great things, he said, they are content with silence. if you have ever known one of the fallen you've known greatness. but is hard to be content with their silence for we miss them. the empty chair on a holiday. empty every day. the photograph that goes wherever you do. the picture fades so that the person in it does not. their fighting spirit persists, passed down through the ranks, their spirit echoes in those who serve today in the air, on land, and at sea. in a world awash with change, some things stand firm, some things are as plato said good and true and beautiful. the kid on the line who never had a chance to grow old will always be there to teach us that suffering has meaning if it is accepted out of love for others. to the families of the fallen, both here and at home, no words will ease your pain. but i beg you let it have meaning. unite your sorrow to their awesome purpose. people do grace places, but people also grace people.

not far from here lies the marker of oliver wendell holmes, jr., a civil war infantry veteran that laterserve in our military have hearts that are touched with fire. having known great things, he said, they are content with silence. if you have ever known one of the fallen, you have known greatness. it is hard to be content with their silence for we missed them. the empty chair on the holiday, empty every day. the photograph that goes wherever you do. the picture fades but the person in it does not. their fighting spirit persists passed down through the ranks, the spirit echos of those that serve today on air, on land and at sea. in a world awash with change, some things stand firm. some things are as plato said, good, beautiful and truthful. the kid on the line that never had a chance to grow old will always be there to teach us that suffering has meaning if it is accepted out of love for others. to the families of the fallen both here and at home, no words will ease your pain. but i beg you, let us have meetings. unite your sorrow to their awesome purpose. be do grace places, but peopl

brian: it might be hard to do but oliver wendell holmes was on the court -- i wrote it down -- 10,000 and some days. what would be his biggest legacy? we haven't got much time. i want to do that with three people but what would be his biggest legacy? mr. snyder: his free speech of dissents. we had no free speech jurisprudence in this country until holmes and then brandeis started dissenting. brian: what would have been louis brandeis' biggest legacy? mr. snyder: free speech, this idea of a constitutional right to privacy which he had written in his on dissent. brian: did conservatives not believe in free speech? mr. snyder: i think conservatives believe in free speem but the peoples whose free speech they were protecting were people being prosecuted under the espionage act. brian: and felix frankfurter's legacy, how far away are you from this book being completed? mr. snyder: light years. probably another five or six years. his legacy was really a profound belief in the federal government and what it could accomplish during periods like the new deal. brian: so of all these people who

oliver wendell holmes said when we protect freedom of thought, we are protecting freedom for the thoughtom of speech and thought is not just for warm, fuzzy ideas that we find comfortable. it's for ideas that we find offensive. there is, as we all know, a kind of anti-intellectualism on the right these days, the denial of facts, of reason, of science. but there is also an anti-intellectualism on the left. an attitude of self-righteousness that says we are so pure, we're so morally superior, we cannot bear to hear an idea with which we disagree. liberals think they are tolerant but often they aren't. in 2016, a pew study found that democrats were more likely to view republicans as close-minded. but each side scores about the same in terms of close mindedness in hearing contrarian views. and large segments on both sides consider the other to be immoral, lazy, dishonest and unintelligent. this is not just tolerance for its own sake. the truth is, no one has a monopoly on right or virtue. listening to other views will teach us all something and sharpen our own views. one of the greatest dang

oliver wendell holmes talked about a clear and present danger . if his speech presents a clear and present danger, it cannot be allowed. that became a very important -- he talked about people falsely, -- people falsely yelling fire in a theater. the analogy was to situations and which the protections of free speech just need to be loosened because there was a present danger. >> holmes and justices from the mid- had recoiled from that. 20's first of all, the war in retrospect was much less popular after it ended, than it had been when americans were actually fighting. by the mid-20's, the famous case case called the gitlo case, a radical socialist to said, the american government should be overthrown by the working class, basically. this case helped to lead what is called the corporation and the bill of rights. until then, most amendments to -- did not actively apply to the states, only the federal government. i think in large part as a result of world war i, now something we take for granted, the bill of rights, especially the first amendment, is

a restful retirement, you about given his active mind, i suspect he would sympathize with oliver wendell holmes max up that leisure is chance to do other jobs that need attention. instead, i will thank him for his service to the senate and his country and wish him a joyful and fulfilling next frontier and ask my colleagues to join he in saying, farewell, but don't wander far. mr. president, i ask that my next remarks appear at a separate space in the record. the presiding officer: without objection. mr. van hollen: i stand to pay tribute to a distinguished young man from the state of maryland, second lieutenant richard wilbur collins, iii. a brave and selfless kind american hero. second lieutenant collins was 23 -- was a 23-year-old student at biew -- bowie state university. he was airborne certified. on may 18 he was commissioned as a second lieutenant in the united states army intelligence branch. second lieutenant collins was scheduled to graduate with a bachelor of arts in business administration from bowie state university earlier this week. his future could not have been brighter. tragica