Human Liberty and Freedom of Speech

C. Edwin Baker

Baker here evaluates the prevalent justifications for freedom of speech and formulates a liberty theory, which he applies to contemporary free speech cases as a means of suggesting possible reforms to free speech doctrine.

Human Liberty and Freedom of Speech

C. Edwin Baker

Description

Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.

Human Liberty and Freedom of Speech

C. Edwin Baker

I. THEORY
Introduction
1. The Classic Marketplace of Ideas Theory
2. Possible Modifications
3. The Liberty Theory
4. Protection of Action
5. The Process of Change
II. APPLICATIONS
6. Time, Place, and Manner Regulations: Unreasoned Reasonableness
7. Mandatory Parade Permits
8. Absolute Protection: Tentative Principles
9. Commercial Speech: A Problem in the Theory of Freedom
10. Press Rights
11. Private Economic Threats to Press Freedom
Conclusion: The First Amendment and Constitutional Interpretation
Notes
Index

Human Liberty and Freedom of Speech

C. Edwin Baker

Reviews and Awards

"It is refreshing to read a book that is original and contains material that is thoughtful, incisive, and provocative....Points are made with care and with clarity....Should stimulate class discussion."--Robert W. Langran, Villanova University

"Ambitiously and successfully interdisciplinary, making crucial appeals to philosophical and social theories....Marks a new era of free speech scholarship in which the best work...powerfully integrates legal analysis with critical and philosophical theory....Pathbreaking achievements of constitutional scholarship in particular and legal scholarship more generally."--David Richards, University of Pennsylvania Law Review

"A formidable book, a well documented book, a radical book yet all American as the right field bleachers....Baker has opened my eyes to new and exciting vistas and has often thrilled and challenged me in the deep heart's core."--Journal of the Southeastern Baptist Seminar

"Baker is perhaps the most consistent and eloquent defender of radically protective liberal first-amendment theory in the legal academy. [This book] represents Baker's most comprehensive effort to defend, on the basis of liberal theory, "' broad realm [of protection for] nonviolent, noncoercive, expressive activity.'"--Jordan Steiker, Texas Law Review

"On every problem he discusses, Baker illuminates facets previously undisclosed. He so frequently and energetically explores the arguments against his own position that he might contend that I have borrowed many of my criticisms from him ... The reader will find in this book an endless number of cogent, well-considered arguments on a wide array of first amendment topics, presented with greater clarity than one expects in an academic work."--Constitutional Commentary