>>Most would be surprised by the case being tried when Judge Holmes made the statement.
I went and looked it up. A unanimous decision by SCOTUS- and on free speech! Ah, the good old days. ;-)
"... They ne'er cared for us
yet: suffer us to famish, and their store-houses
crammed with grain; make edicts for usury, to
support usurers; repeal daily any wholesome act
established against the rich, and provide more
piercing statutes daily, to chain up and restrain
the poor. If the wars eat us not up, they will; and
there's all the love they bear us."
-- Shakespeare: Coriolanus, Act 1, scene 1