Human Liberty and Freedom of Speech

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.