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Tel: 215.898.7419
Fax: 215.573.2025
Email: ebaker@law.upenn.edu
Expertise
- Communications Law
- Constitutional Law
- Free Speech
- Mass Media Law
Bio
Ed Baker is one of the country’s foremost authorities on the First Amendment and on mass media policy.
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Ed Baker is one of the country’s foremost authorities on the First Amendment and on mass media policy. His book, Human Liberty and Freedom of Speech (Oxford 1989), defends interpreting First Amendment freedom of speech as concerned primarily with individual freedom and autonomy rather than the more traditional understanding of it being about a marketplace of ideas. During the 1990's, Baker turned his scholarly attention largely to media policy. Advertising and a Democratic Press (Princeton, 1994) has become a leading democratic critique of the impact of advertising on the media’s non-advertising content. Media, Markets, and Democracy (Cambridge, 2002) explores why the free market predictably fails to provide the media that consumers want or citizens need. It continues, as did the advertising book, by discussing needed structural reforms. His recent book, Media Concentration and Democracy: Why Ownership Matters (Cambridge, 2007), evaluates economic and democratic reason to oppose media concentration. Although continuing to write about both free speech and media policy, Baker has promised to focus his scholarship during the coming decade on more jurisprudential questions concerning the egalitarian and libertarian bases of constitutional theory.
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Representative Professional Positions
Penn Law - Nicholas F. Gallicchio Professor (1986- ); Professor (1982-86); Visiting Professor (1981-82)
Visiting Professor - NYU (2001); Chicago (2000); Cornell (1993); Harvard, Kennedy School of Government (1993); Texas (1980)
University of Toledo, Assistant Professor (1972-75)
University of Oregon - Professor (1981-82); Associate Professor (1979-81); Assistant Professor (1975-79)
American Civil Liberties Union - Staff Attorney, New York (1987-89)
Annenberg School for Communication - Professor (2007- )
Representative Publications
The First Amendment and Commercial Speech, 84 IND. L.J. (forthcoming 2009).
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Viewpoint Diversity and Media Ownership, 61 FED. COMM. L.J. 651 (2009).
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Autonomy and Hate Speech, in I. Hare & J. Weinstein, EXTREME SPEECH AND DEMOCRACY (Oxford, 2009).
Three Cheers for Red Lion, 60 ADMIN. L. REV. 861 (2008).
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Rawls, equality, and democracy, 34 PHIL. & SOC. CRITICISM 203 (2008).
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MEDIA CONCENTRATION AND DEMOCRACY: WHY OWNERSHIP MATTERS (Cambridge Univ. Press 2007).
The Independent Significance of the Press Clause Under Existing Law, 35 HOFSTRA L. REV. 955 (2007).
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Media Structure, Ownership Policy, and the First Amendment, 78 S. CAL. L. REV. 733 (2005).
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Paternalism, Politics, and Citizen Freedom: The Commercial Speech Quandary in Nike, 54 CASE W. L. REV. 1161 (2004).
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Michelman on Constitutional Democracy, 39 TULSA L. REV. 511 (2004).
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Autonomy and Informational Privacy or Gossip: The Central Meaning of the First Amendment, 21 SOC. PHIL. & POL’Y 215 (2004).
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Media Concentration: Giving Up on Democracy, 54 FLORIDA L. REV. 839 (2002).
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MEDIA, MARKETS AND DEMOCRACY (Cambridge 2002) [hard & paper].
First Amendment Limits on Copyright, 55 VAND. L. REV. 891 (2002).
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Campaign Expenditures and Free Speech, 33 HARV. C.R.-C.L. L. REV. 1 (1998).
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Harm, Liberty, and Free Speech, 70 S. CAL. L. REV. 979 (1997).
Giving the Audience What It Wants, 58 OHIO ST. L.J. 311 (1997).
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Turner Broadcasting: Content-Based Regulation of Persons and Presses, 1994 SUP. CT. REV. 57.
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ADVERTISING AND A DEMOCRATIC PRESS (Princeton 1994) [paperback 1995].
Ownership of Newspapers: The View from Positivist Social Science (Shorenstein Center of Press, Politics, Public Policy, Research Paper R-12 1994).
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HUMAN LIBERTY AND FREEDOM OF SPEECH (Oxford 1989) [paperback 1992].
Property and its Relation to Constitutionally Protected Liberty, 134 U. PA. L. REV. 741 (1986).
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Outcome Equality or Equality of Respect: The Substantive Content of Equal Protection, 131 U. PA. L. REV. 933 (1983).
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Neutrality, Process, and Rationality: Flawed Interpretations of Equal Protection, 58 TEX. L. REV. 1029 (1980).
The Ideology of the Economic Analysis of Law, 5 PHIL. & PUB. AFF. 2 (1975).
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For additional publications, please consult
Current & Recent Research
Current Working Papers
Genocide, Press Freedom, and the Case of Hassan Ngeze (2004)
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