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, “TheSupreme 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

00:00Intro

02:26Book’s origin

06:51Who is John Stuart Mill?

10:09What is the “harm principle”?

16:30Early Supreme Court interpretation of the First Amendment

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

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

36:10What are loyalty oaths?

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

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

50:42Private beliefs vs. public service?

52:40Commercial speech

55:51Where do we stand today?

1:03:32Outro

Transcript is HERE