Human Liberty and Freedom of Speech (Paperback) (ISBN-13: 9780195079029)

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.

Author: C. Edwin Baker
ISBN-10: 0195079027
ISBN-13: 9780195079029
Publisher: Oxford University Press, USA
Language: English
Published: 10/01/1992
Pages: 400
Format: Paperback
Weight: 1.22lbs
Size: 9.23h x 6.14w x 1.08d