Chauvin on Understanding Free Speech Values at the Supreme Court

Noah Chauvin, University of Oklahoma College of Law, is publishing Understanding Free Speech Values at the Supreme Court in volume 78 of Rutgers Univ. L. Rev. Commentaries (forthcoming 2025). Here is the 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.

Download the review from SSRN at the link.