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Human Liberty and Freedom of Speech
     

Human Liberty and Freedom of Speech

by C. Edwin Baker
 

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

Overview

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.

Editorial Reviews

From the Publisher
"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

Product Details

ISBN-13:
9780195057775
Publisher:
Oxford University Press, USA
Publication date:
10/12/1989
Pages:
398
Product dimensions:
6.38(w) x 9.50(h) x 1.25(d)

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