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

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has adopted a classically liberal view of the constitutional right to freedom of expression, reflecting John Stuart Mill's reasoning in On Liberty. The book explores how the Court's justices have struck down numerous laws for infringing on the freedom of expression, beginning with Justice Oliver Wendell Holmes Jr.'s embrace of Mill's rationale over a century ago. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence.

Format: Hardback
Length: 288 pages
Publication date: 15 April 2024
Publisher: Cornell University Press

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 and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. 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 of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
The Supreme Court and the Philosopher is a groundbreaking work that examines the influence of John Stuart Mill's political philosophy on the modern US Supreme Court's interpretation of the constitutional right to freedom of expression. The book highlights how the Court has increasingly embraced a classically liberal view of this right, reflecting Mill's reasoning in his seminal treatise On Liberty. Through a case-by-case analysis of various issues, including campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, the authors demonstrate how the Supreme Court justices have struck down numerous laws that violate the freedom of expression. The book traces the origins of Mill's free speech rationale to Justice Oliver Wendell Holmes Jr. more than a century ago and shows how it has become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to a significant reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how Mill's political philosophy has shaped the highest court in the land. It is particularly timely given the ongoing debates surrounding censorship and freedom of expression in the public square. The book offers valuable insights into the philosophical foundations of the Court's First Amendment decisions and provides a framework for understanding the ongoing legal and political challenges to the freedom of expression.

Weight: 604g
Dimension: 161 x 237 x 28 (mm)
ISBN-13: 9781501774515