Oliver Wendell Holmes, Jr. (Service 1902-1933)

When Oliver Wendell Holmes, Jr. retired from the court he was 90 years old. At that time, he was the longest serving member of the court. He is credited with perfectly describing the “clear and present danger test” in Schenk v United States.

To describe this one need only turn to the September 21, 1887, volume of Puck Magazine who presented the Prize Idiot of the Day who is seen uttering the false cry of “fire” in a theatre. My only concern is whether the dates depicted hereon instruct us that Holmes merely coined the phrase having seen Puck Magazine back in 1887.