The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
Niccolò Machiavelli’s The Prince remains an influential book more than five centuries after he wrote his timeless classic. However, the political philosophy expressed by Machiavelli in his tome is often misunderstood. Although he thought humans to be rational, self-interested creatures, and even though he proposed an approach to politics in which the ends justify the means, Machiavelli was not, as some have argued, simply “a teacher of evil.” The Prince’s many ancient and medieval examples, while relevant to sixteenth century readers, are lost on most of today’s students of Machiavelli. Examples from modern films and television programs, which are more familiar and understandable to contemporary readers, provide a better way to accurately teach Machiavelli’s lessons. Indeed, modern media, such as Breaking Bad, The Godfather, The Walking Dead, Charlie Wilson’s War, House of Cards, Argo, and The Departed, are replete with illustrations that teach Machiavelli’s critical principles, including the need to caress or annihilate, learning “how not to be good,” why it is better to be feared than loved, and how to act as both the lion and the fox. Modern media are used in this book to exemplify the tactics Machiavelli advocated and to comprehensively demonstrate that Machiavelli intended for government actors and those exercising power in other contexts to fight for a greater good and strive to achieve glory.
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