Ep. 222: John Stuart Mill’s lasting impact on the Supreme Court

So to Speak: The Free Speech Podcast

How has 19th-century English philosopher John Stuart Mill influenced America’s conception of free speech and the First Amendment?

In their new book, “The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections,” co-authors Eric Kasper and Troy Kozma look at how the Supreme Court has increasingly aligned its interpretation of free expression with Mill’s philosophy, as articulated in “On Liberty.”

Eric Kasper is professor of political science at the University of Wisconsin-Eau Claire, where he serves as the director of the Menard Center for Constitutional Studies.

Troy Kozma is a professor of philosophy and the academic chair at the University of Wisconsin-Eau Claire - Barron County.

Timestamps

00:00 Intro

02:26 Book’s origin

06:51 Who is John Stuart Mill?

10:09 What is the “harm principle”?

16:30 Early Supreme Court interpretation of the First Amendment

26:25 What was Justice Holmes’ dissent in Abrams v. U.S.?

30:28 Why did Justice Brandeis join Holmes’ dissents?

36:10 What are loyalty oaths?

40:36 Justice Black’s nuanced view of the First Amendment

43:33 What were Mill’s views on race and education?

50:42 Private beliefs vs. public service?

52:40 Commercial speech

55:51 Where do we stand today?

1:03:32 Outro

Transcript is HERE