The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections

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Eric T. Kasper Troy A. Kozma

The Supreme Court and the Philosopher

How John Stuart Mill Shaped US Free Speech Protections

Eric T. Kasper, Troy A. Kozma

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English

Northern Illinois University Press
15 April 2024

Social & cultural history; Social & political philosophy; Central government policies; Legal history; Freedom of expression law

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom.

Proceeding case by case covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric Kasper and Troy Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression.

Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr., more than a century ago and expanded over time to become the prevailing position on the Court today. They argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence.

This is the first book to comprehensively explore how the political philosophy of John Stuart Mill has influenced the highest court in the land. Targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, The Supreme Court and the Philosopher is a particularly timely book as the issues of censorship and freedom of expression are debated in the public square today.

By: Eric T. Kasper, Troy A. Kozma
Imprint: Northern Illinois University Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm, Spine: 27mm
Weight: 907g
ISBN: 9781501774515
ISBN 10: 1501774514
Pages: 288
Publication Date: 15 April 2024
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Introduction: Mill's On Liberty and the U.S. Supreme Court 1. Absolute Freedom: Mill's Free Speech Philosophy and the HarmPrinciple 2. Preventing Substantive Evils: The Supreme Court on SpeechThrough World War I 3. The Marketplace of Ideas: Holmes and Brandeis, the GreatDissenters 4. Preferred Freedom: The Court Drifts Toward Mill on Speech andPressFor a Time 5. No Law Means No Law: The Court Retrenches But Black andDouglas Carry On 6. Imminent Lawless Action: The Latter Warren Court MovesToward Mill on Free Speech 7. No Such Thing as a False Idea: The Burger Court HoldsRelatively Steady on Mill 8. A Bedrock Principle: Brennan Leads the Rehnquist Court Closerto Mill 9. Special Protection: The Roberts Court's First AmendmentEmbrace of Mill Conclusions

Eric T. Kasper is Professor of Political Science at the University of Wisconsin–Eau Claire, where he serves as Director of the Menard Center for Constitutional Studies. He has authored several books on the US Constitution. Troy A. Kozma is Professor of Philosophy and Academic Chair at the University of Wisconsin–Eau Claire – Barron County. He is the coauthor, with Eric T. Kasper, of Machiavelli Goes to the Movies.

Reviews for The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections

While other scholars have covered this subject, this book is a valuable contribution to the literature, both because the authors treat the entire breadth of the court's free speech opinions (rather than cherry-pick cases to advance their point) and because their analysis stretches to the current Roberts Court. Highly recommended. * Choice *