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

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