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The Supreme Court, the Bill of Rights, and James Madison -- Madison's conception of human nature -- Madison's multifaceted liberalism -- Madison opposes a bill of rights, then sees its strategic value -- Madison sees that a bill of rights can protect liberal freedoms -- Madison's system of rights -- Madison's vision of specific freedoms in the Bill of Rights -- The relation of Madison's Bill of Rights to our Bill of Rights -- Madison and the Bill of Rights in the U.S. Supreme Court -- Devotees of Madison on the Supreme Court -- Learners -- Inconsistents -- Name droppers -- Conclusions

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

Introduction: "The ends justify the means" or "One must consider the final result"? -- Studying and using history: Charlie Wilson's war -- Caress or annihilate when taking power: The godfather and Breaking bad -- Nip political problems in the bud: Charlie Wilson's war, Primary colors, and A Bronx tale -- People accustomed to freedom will seek it again: Braveheart and Red dawn -- The difficulties of being a reformer and the importance of having arms: The Untouchables and Charlie Wilson's war -- Bribery and dirty work: Lincoln, Richard III, and Wag the dog -- The problems of being in charge without prior experience: Dave and Orphan Black -- The use of cruelty: Hoffa, Wag the dog, and The Untouchables -- Reliance on the people: All the king's men and O brother, where art thou? -- Rally 'round the flag: Wag the dog, Braveheart, and The patriot -- Power can be exercised in any institution: The Da Vinci code and The Manchurian candidate -- Keep your own army and prepare it for war: Braveheart, Heat, Alexander, and Independence Day -- Vices versus virtues and learning not to be good: Scarface, The godfather, The departed, and Richard III -- Miserliness is better than liberality: Ghostbusters and The patriot -- It is better to be feared than loved: Band of brothers, A few good men, and A Bronx tale -- Deception: The godfather, Primary colors, The walking dead, and Bob Roberts -- The lion and the fox: The godfather, Breaking bad, Charlie Wilson's war, The usual suspects, and Argo -- Pick a side and stick to your decisions in politics: The contender, Harry Potter, and House of cards -- The need for both military and popular support: Lincoln, O brother, where art thou?, and Red dawn -- Honor those with talent and hold festivals: Gladiator, The hunger games, and House of cards -- Have few trusted advisors and give them wealth to remain loyal: House of cards, Breaking bad, The departed, and Lord of the rings -- Virtue versus fortune: Election and Mad men -- Conclusions: Seeking greater glory.

"This book analyzes how films have accurately or inaccurately portrayed the powers, rights, and freedoms within the U.S. Constitution, and it also explores how filmmakers' lessons about the Constitution have changed over time. This book would make an excellent addition to a course or research on constitutional law or film analysis"--