Human Liberty and Freedom of Speech [Paperback]

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.

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

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....Pathlsß