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Human Liberty and Freedom of Speech - C. Edwin Baker

Human Liberty and Freedom of Speech

Paperback

Published: 1st October 1992
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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.

"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 "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 "A formidable book, a radical book, yet one as '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."-- Faith & Mission "Professor Baker has produced one of the most interesting and original theories of the first amendment....His main point--that the manner in which speech affects others is the key to whether it should be protected or not--goes to the heart of first amendment theory."--Thomas Emerson, California Law Review "This welcome collection of Professor Baker's essays shows him to be among our most thoughtful analysts of the First Amendment."--Judge Hans A. Linde, Oregon Supreme Court "This book will be essential reading for anyone interested in the underlying premises or the practical implications of taking freedom of expression and liberty seriously; a marvelous blend of deep thought and provocative new ideas."--Aviam Sofer, Boston University "Baker's liberty theory of free speech, indeed his entire analysis, is probing, and important. His book appears at precisely the right time--when pressures to restrict free speech are mounting dangerously."--Professor Norman Dorsen, New York University School of Law "Drawing heavily on political theory, especially that of Jurgen Habermas and Roberto Unger and philosophical constructs of Wittgenstein...Baker's constitutional interpretation is more than a creative look at the First Amendment; his interpretation is part of the [constant] struggle for justice."--Richard Hixon, Rutgers University "Among or most thoughtful analysts of the First Amendment."--Judge Hans Linde, Oregon Supreme Court "C. Edwin Baker is a deep thinker. He is also one of the nation's most creative and original legal scholars. This is his best work."--Steven Schiffrin, Cornell University "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 "This book is essential reading...The book more than repays the reader for the time spent reading it."--William Bailey, University of Arizona

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

ISBN: 9780195079029
ISBN-10: 0195079027
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 400
Published: 1st October 1992
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 23.44 x 15.6  x 2.74
Weight (kg): 0.57