
Ep. 222: John Stuart Mill’s lasting impact on the Supreme Court
So to Speak: The Free Speech Podcast
Speech Must Weather the Storm of Ideas
The protection of speech hinges on its context, particularly when it poses imminent danger, as highlighted by the legal perspective of Brandeis. In contrast, the foundational belief articulated by Mill is that all speech, particularly in press circulation, should enjoy absolute protection. An example is found in Holmes' dissent during the Gitlow v. New York case, where he asserts that every idea carries the potential for incitement, challenging the very nature of speech regulation. This interplay between the marketplace of ideas and incitement pressures the evolution of legal interpretations leading to the application of the First Amendment in 1931 to combat speech restrictions.
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