Chapter
C. Freedom of Expression As Implicated By the Purposes Behind, Rather Than the Effects of, Suppression
D. The Core of Any Conception of Freedom of Expression: Evaluative Neutrality
2 Freedom of Expression and Regulations that Affect Messages But are Not Enacted for That Reason
I. The Ubiquity of Track Two
II. Weighing the Value of Messages Against the Value of Content-Neutral Regulations
A. Balancing Speech Interests Against Non-Speech Values Served by Incidental Regulations
B. The Implication of the Failure of Balancing
3 The Puzzles of Governmental Purpose
I. The Various Venues of Governmental Purpose
II. But Still, Why Do We Care About Purpose?
III. Moral Permissibility as a Product of Effects Over Time, Not Momentary Effects
IV. Rules and Optionality
V. Optionality and Switching
VI. Optionality and Legislative Motivation
2 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
I. Content Regulations Where the Message Directly Causes Harm
II. Content Regulations Where the Message Causes Harm in Two Steps
A. The Nonregulable Second Step
B. The Regulable Second Step
III. Principle (5) and MessageDriven Governmental Regulation: A Tentative Conclusion
5 Track Three: Government Speech and Subsidies of Speech
I. The Variety of Track Three Laws
III. Some Unsuccessful Approaches to Track Three
A. Public Fora Versus Nonpublic Fora
B. Distinguishing Among Subject Matter, Viewpoint, and Speaker Discrimination
C. Guarding Against the Distortion of Views
IV. Conclusion: Does All, None, or Only Part of Track Three Implicate Freedom of Expression?
A. Is Track Three A Sorites Problem?
B. All Track Three Laws Violate Freedom of Expression
C. No Track Three Laws Violate Freedom of Expression
6 Miscellaneous Regulations of Expression
I. The Speech, Beliefs, and Affiliations of Government Employees
A. Public Employee Speech
B. Public Employee Beliefs and Affiliations
II. The Protection of the Exercise of Freedom of Expression
III. The Regulation of Broadcasting
IV. Freedom of Expressive Association
V. Anonymous Speech and the Privacy of Speakers
VI. Private Regulation of Speech
3 THEORETICAL PERSPECTIVES ON FREEDOM OF EXPRESSION
7 General Justifying Theories of Freedom of Expression
I Consequentialist Theories of Freedom of Expression
A. The Promotion of Truth
B. The Promotion of Autonomous Decisionmaking
C. The Promotion of Virtue
D. Do Consequentialist Theories Have the Right Shape for Justifying a Human Right of Freedom of Expression?
II Deontological Theories
III. Freedom of Expression as Concomitant to Democratic Decisionmaking
B. Public Discourse Theory
C. Limiting the Human Right of Freedom of Expression to Democracies
IV. Freedom of Expression and Distrust of Government
8 The Paradoxes of Liberalism and the Failure of Theories Justifying a Right of Freedom of Expression
I. Liberalism, Epistemic Abstinence, and the Paradoxes of Evaluative Neutrality
A. Liberalism and Illiberal Religions
B. Liberalism, Freedom of Association, and Illiberal Groups
II. Freedom of Expression: Replaying the Paradoxes of Liberalism and Epistemic Abstinence
III. Beyond Liberalism: The General Paradox of Evaluative Neutrality and Normative Theory
9 Muddling Through: Freedom of Expression in the Absence of a Human Right
II. Track One Laws Concerning Messages That Cause Harm in One Step
III. Track One Laws Concerning Messages That Cause Harm in Two Steps