Human liberty and freedom of speech / C. Edwin Baker.

Format:

Book

Author/Creator:

Baker, C. Edwin, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Freedom of speech--United States.

Freedom of speech.

Physical Description:

1 online resource (viii,385p.)

Edition:

1st ed.

Place of Publication:

New York : Oxford University Press, 2023.

Language Note:

English

Summary:

The author develops a liberty theory of freedom of speech, which is then contrasted with the currently dominant "marketplace of ideas" theory. The text re-examines the entire American school of thought on the meaning of the First Amendment.

This is a paperback reprint of an OUP/USA hardcover published in September 1989. To date the predominant rationale for freedom of speech has been the "marketplace of ideas" theory, which holds that the truth will be discovered only through debate free from government interference. In Human Liberty and Freedom of Speech, Baker critiques the assumptions underlying the various versions of this theory and develops a liberty theory which, he argues, has deep roots in Supreme Court decisions and our political history. Baker contends that a liberty theory is more philosophically sound, more interpretatively persuasive and more protective of speech than the judically and intellectual dominant market place of ideas theory.

Contents:

Intro

Contents

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

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

Y

Z.

Notes:

Originally published: 1989.

Previously issued in print: 1992.

Includes bibliographical references and index.

Derived record based on print version record and publisher information.

ISBN:

0-19-771934-1

0-19-536002-8

1-4294-0764-6

OCLC:

1406782970