Document Type

Book Review

Publication Date

2025

Publication Title

Rutgers University Law Review Commentaries

Abstract

This essay is a book review of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections, by Professors Eric Kasper and Troy Kozma. The book argues that John Stuart Mill had an indelible impact on the Supreme Court's free speech jurisprudence, and that through the power of precedent, we have come to have a "Millian "First Amendment. As I explain in the review, Kasper and Kozma have made a compelling case. However, because Mill offered an expansive defense of freedom of expression, it is not enough to say that the Court's free speech jurisprudence is "Millian,"because that could mean many different things. Understanding with greater precision what motivates the Justices in free speech cases is crucial for attorneys, advocates, and scholars.

Volume

78

First Page

30

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