Abstract

The realm of speech protected by the First Amendment is perennially contentious. This contention arises from the mistaken view that speech must either be unregulated or regulated by the state. This overlooks the regulation of speech that comes from common law civil liability. In a liberal society, the desideratum is not free speech, but free and responsible speech. The common law links freedom to responsibility. This chapter demonstrates how, in the absence of the political regulation of speech, common law regulation—defamation, negligence, misrepresentation, tortious interference, etc.—provides all that is necessary to maintain the proper balance between free and responsible speech.