John Adams, Legal Representation, and the "Cancel Culture".

• Author: Scalia, Eugene

We recently celebrated the 100th anniversary of Justice Holmes's famous articulation of the value of free speech in his dissent in Abrams v. United States. (1) The First Amendment embodies the view, Holmes wrote, that "the ultimate good desired is better reached by free trade in ideas." (2) It is "the theory of our Constitution" that "the best test of truth is the power of the thought to get itself accepted in the competition of the market." (3)

Now, I admit to some doubt that fundamental truths are established in the same manner as the value of pork bellies. But Justice Holmes was right that the free exchange of ideas is at the core of the First Amendment and at the heart of our democratic government. And yet it is disfavored in some quarters today. That is most apparent at colleges and universities where conservative speakers have been disinvited, banned, assaulted, and--when allowed to speak-accused of harming students merely by expressing ideas that run counter to some students' preconceptions. (4) This intolerance is not isolated to our universities; it is a broad trend, so much so that it has drawn criticism from former President Obama. (5)

Intolerance and pressure to suppress ideas that may be unwelcome to some poses a special threat to the legal profession. One of the great traditions of the profession is respect for the right to representation of those with whom we disagree, and even to undertake that representation ourselves. John Adams's defense of the British soldiers charged with the Boston Massacre is one of the Nation's most important stories about the practice of law. Adams later described his defense of the soldiers as "one of the most gallant, generous, manly, and disinterested actions of my whole life." (6)

Adams was not our most modest Founder. But on this he was right. It is appropriate, admirable, and necessary for lawyers to take on clients and advance positions that may offend some observers; in this sense lawyers have a professional commitment to the free trade in ideas praised by Justice Holmes. They should be among its staunchest defenders and should recognize, too, in Justice Jackson's words, that the "freedom to differ is not limited to things that do not matter much." (7)

There are growing indications, however, that our most powerful law firms have become uncomfortable with this commitment. Last term the Supreme Court decided the "DACA" case, concerning President Trump's cancellation of the Obama Administration program under which certain young...