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By C. Edwin Baker
Even if an inchoate liberty idea of freedom of speech has deep roots in ideal court docket judgements and political historical past, it's been overshadowed in judicial judgements and scholarly remark via of rules thought. during this publication, Baker opinions the assumptions required by means of of rules idea and develops the freedom conception, exhibiting its philosophical soundness, persuasiveness, and talent to guard unfastened speech. He argues that First modification liberty rights (as good as Fourteenth modification equality rights) required via political or ethical thought are significant to the potential of innovative swap. areas of difficulty are tested, together with the query of even if person political and civil rights can in precept be uncommon from estate rights, freedom of the clicking, and using public areas for expressive reasons.
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Extra resources for Human Liberty and Freedom of Speech
Sample text
Put aside for a moment the question of evaluative standards. Consider only the logic of the revised argument. Why should we expect better results from nonsuppression than from carefully (or democratically) chosen suppressions? The revised argument asserts that considering more alternatives cannot hurt and may help. But we know that sometimes more speech does hurt—that is usually why it is suppressed. Additional speech, racist speech, for example, may be divisive as well as painful. Or the added speech may divert us from more significant issues that need greater attention.
28 As noted, merely thinking of democracy as a process does not show that free speech must be an element. To definitionally include free speech in democracy requires reliance on more substantive value considerations. For example, acceptance of Brandeis' suggestion that liberty be valued as an end would help explain both the value of self-government and its relation to free speech. A democratic process might best be understood as an attempt to embody liberty, that is, selfchoice, in a realm where collective decision making is necessary if people are to engage in self-determination.
The values of the type of people we would be if an alternative choice about suppression had been made? The values of the next generation? True or humane values? Clearly there is no "neutral" or "objective" way to evaluate the consequences of suppression. Thus, what do we say to those who disagree with our evaluation? Presumably, our answer can be no more persuasive than the arguments for the value premises embodied in the evaluation. 88 But nothing in the revised argument, as presented here, has shown why particular criteria for evaluation of the results of an unregulated marketplace of ideas are appropriate.