I doubt the general public and the Supreme Court would accept your logic for a span of almost fifty years, whereas they don't seem to have had much of a problem

I doubt the general public and the Supreme Court would accept your logic for a span of almost fifty years, whereas they don't seem to have had much of a problem with Justice Holmes'. I think that tells us quite a lot about how human psychology tends to work in these cases, though your opinion may differ. I suspect time will tell which of us is the more accurate, though I wish it wouldn't.