Free speech and human dignity /

Heyman (Chicago-Kent College of Law) elaborates, defends, and applies a theory of free expression based on treating human beings as worthy of respect and dignity. This conception is closer to natural rights theories that influenced the founders than the utilitarianism of the 19th century or the current hybrid model that balances individual rights against state interests. Heyman astutely and judiciously surveys current doctrine, noting its strengths and weaknesses. Although he maintains that the Supreme Court often reaches sound decisions, he is concerned that contemporary jurisprudence provides a flimsy foundation for expressive liberty. His rights-based perspective, the author claims, not only provides a surer basis for individual rights of expression, but also clarifies their limits by balancing them against the rights of others. Issues of subversive speech and incitement, privacy, hate speech, and pornography illustrate the proposed theoretical framework. Lay readers and undergraduates would find journalistic accounts, such as Anthony Lewis's Freedom for the Thought That We Hate (2007), easier to digest, but Heyman's clear style, repeated explanations, and applications to legal controversies ensure that his philosophical approach will not overwhelm novices, even as it is appreciated by professionals. Summing Up: Recommended. Upper-division undergraduates and up. A. B. Cochran Agnes Scott College