Academic

Legal Theory Bookworm

By Lawrence Solum

The Legal Theory Bookworm recommends Free Speech and Human Dignity by Steven J. Heyman.  Here is a description:

Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaulting their dignity as human beings and citizens. Civil libertarians respond that our commitment to free speech is measured by our willingness to protect it, even when it causes harm or offends our deepest values.

In this important book, Steven J. Heyman presents a theory of the First Amendment that seeks to overcome the conflict between free speech and human dignity. This liberal humanist theory recognizes a strong right to freedom of expression while also providing protection against the most serious forms of assaultive speech. Heyman then uses the theory to illuminate a wide range of contemporary disputes, from flag burning and antiabortion demonstrations to pornography and hate speech.

And from the reviews:

Steven Shiffrin:

?Steven J. Heyman?s liberal humanism exhibits a profound understanding of the tragic conflicts often presented in free speech cases. This is an exciting contribution to the first amendment literature.??Steven Shiffrin, Charles Frank Reavis Sr. Professor of Law, Cornell University

Robin West :

?In Free Speech and Human Dignity, Steve Heyman shows us the original understanding of the First Amendment guarantees of free speech, thought, and worship as a part of a broad array of natural rights including dignity, personal security, personality, and community. This important book gives us a fresh interpretation of the First Amendment that is both liberal and humanist and leaves the reader with a far deeper appreciation of the natural rights tradition at its heart.??Robin West, Professor of Law, Georgetown University Law Center

Robert Post :

"Free Speech and Human Dignity offers an elegant, clear-headed, and fair-minded argument for the regulation of speech that is inconsistent with human dignity. Heyman presents the most convincing possible case for the legal prohibition of such speech. His book should be studied by all who are concerned to understand this difficult and significant issue."?Robert Post, David Boies Professor of Law, Yale Law School

Mark Graber :

?A fascinating work demonstrating how insights from the eighteenth century may properly inform answers to pressing constitutional problems of the present.??Mark Graber, Professor of Law and Government, University of Maryland School of Law and author of Dred Scott and the Problem of Constitutional Evil

Heyman is a deep and careful thinker, who has been developing this magnificient conception of the freedom of speech over the course of his distinguished career.  If you are interested in freedom of speech, this is a must read.

Full post as published by Legal Theory Blog on April 26, 2008 (boomark / email).