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By Steven J. Heyman
Debates over hate speech, pornography, and different different types of arguable speech increase concerns that visit the center of the 1st modification. Supporters of rules argue that those different types of expression reason critical damage to contributors and teams, assaulting their dignity as humans and voters. Civil libertarians reply that our dedication to unfastened speech is measured by means of our willingness to guard it, even if it reasons damage or offends our inner most values.
In this crucial e-book, Steven J. Heyman provides a thought of the 1st modification that seeks to beat the clash among loose speech and human dignity. This liberal humanist thought acknowledges a robust correct to freedom of expression whereas additionally supplying defense opposed to the main severe varieties of assaultive speech. Heyman then makes use of the idea to light up a variety of modern disputes, from flag burning and antiabortion demonstrations to pornography and hate speech.
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Additional info for Free Speech and Human Dignity
Sample text
Other rights have a dignitary dimension as well. This is true not only of rights like privacy and reputation, which focus on injuries to personality, but also of rights that are concerned with more material kinds of harm. The right to bodily security is a good example. Of course, this right can be invaded by acts of physical violence or ‘‘harmful batteries,’’ which subject the actor to liability under both tort and criminal law. But the law also forbids ‘‘offensive batteries,’’ such as spitting in a person’s face or subjecting him to sexual contact without his consent.
Nothing in the House debates contradicts this understanding. ∂∫ The language itself, however, does Free Speech and Natural Rights 19 not make clear whether it is an absolute denial of federal power or a protection of substantive rights. Unfortunately, the Senate’s reasons for altering the House language are obscure: during this period, the Senate met behind closed doors, and its debates were not published. Although the Senate’s changes may have been intended to transform the First Amendment into a federalism provision, it is at least as likely that the Amendment was meant to ensure that, if any of Congress’s powers could affect the press, they would be limited by the same principles that applied to the state governments under their own declarations of rights.
This problem—which goes to the heart of the modern framework—stems from its failure to recognize other rights as an independent element in First Amendment cases. The inadequacy of this view should lead us to give renewed consideration to a rights-based approach to free expression. Of course, this does not mean we should simply return to the eighteenth-century understanding, even if that were possible. ∑∂ The remainder of this book seeks to develop such a theory. P A R T II A Rights-Based Theory of the First Amendment This page intentionally left blank 3 The Basic Approach In this part of the book I develop a rights-based or liberal humanist theory of the First Amendment.