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The Spirit of Liberty
Digital History ID 1199


Annotation: Learned Hand is often considered the greatest American judge to never sit on the Supreme Court. For more than 50 years, he served as a federal judge, most of the time on the U.S. Court of Appeals for the Second Circuit in New York. Three times presidents considered nominating Hand for the Supreme Court. But each time they picked someone else.

Hand gained public acclaim for a speech on "The Spirit of Liberty" given during World War II. Hand delivered this address in 1944 in New York's Central Park, where 1.5 million people gathered for an event billed as "I Am an American Day." Hand aimed his remarks at 150,000 newly naturalized citizens.

Hand told his listeners that immigrants came to America in search of liberty. He informed them that the essence of liberty was not to be found in constitutions, laws, or courthouses but "in the hearts of men and women." What then, he asked, is the spirit of liberty? "The spirit of liberty is the spirit that is not too sure it is right." What Hand meant is that Americans needed to avoid dogmatism and remain open-minded.

Hand was an early opponent of Hitler and a critic of anti-semitism and as a judge, Hand defended freedom of expression and civil liberties. But he also committed to judicial restraint and believed that the courts should avoid second-guessing the decisions of legislatures. During the Cold War, he was known as a voice of moderation who spoke out publicly against McCarthyism, the obsessive pursuit of communists in government.

With his busy eyebrows, his penetrating eyes, and his stern countenance, Hand fit the popular ideal of a judge. He was often called the Supreme Court's tenth Justice. But he was skeptical about the law's ability to resolve conflicts efficiently and to protect peoples' liberties. In a famous phrase, he said that his years on the bench convinced him that "I should dread a law suit beyond almost anything else short of sickness and death."



Source: Learned Hand, The Spirit of Liberty, 1944.

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