Contents

Acknowledgments page ix

Introduction xi

part one defining human rights and delimiting the scope of freedom of expression

1 Preliminaries: What Is a Human Right, and What Activities

Implicate Freedom of Expression? 3

2 Freedom of Expression and Regulations that Affect Messages

ButareNotEnactedforThatReason 13

3 The Puzzles of Governmental Purpose 38

part two the core of freedom of expression: government regulations and acts taken

to affect messages

4 The Core of Freedom of Expression: Regulations of Conduct

for the Purpose of Affecting Messages Received 55

5 Track Three: Government Speech and Subsidies of Speech 82

6 MiscellaneousRegulationsofExpression 103

part three theoretical perspectives

on freedom of expression

7 GeneralJustifyingTheoriesofFreedomofExpression 127

8 The Paradoxes of Liberalism and the Failure of Theories

Justifying a Right of Freedom of Expression 147

epilogue

9 Muddling Through: Freedom OfExpression in the Absence of a Human Right

Index

185

195