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Dissenting in Gitlow v. New York , Justice Oliver Wendell Holmes remarked that while the "general principle of free speech" is part of the liberty guaranteed by the Fourteenth Amendment's Due Process Clause, "perhaps it may be accepted with a somewhat larger latitude of interpretation than is allowed to Congress by the sweeping language that governs or ought to govern the laws of the United States." The suggestion that the Constitution would constrain states less than the federal government in the area of free speech would have been consistent with an understanding of due process as an outer backstop, protecting against action so far afield that it "passes the bounds of reason and assumes the character of a merely arbitrary fiat." Such an understand

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