A free speech metavalue for the next millennium: Autonomy of consciousness in first amendment theory and practice

Constitutional law's current focus on freedom of speech is of comparatively recent origin. Thus far no satisfactory general theory of freedom of speech has been articulated, and some scholars do not think one is possible. However, a proper understanding of the role of speech in human life shows that autonomy of consciousness provides a general theory that explains the constitutional value of free speech and illuminates the types of harm that permit free speech restrictions. Autonomy of consciousness unites both the value of speech to individuals and its value to the speech community. Only harms to the autonomy of consciousness, whether applied to the individual or the community, justify free speech limitation. A consideration of the constitutionality of tobacco advertising regulation tests the theory.