Is Free Speech Really Worth it?

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What James Madison and American History Can Teach Us about Current Free Speech Questions
Is Free Speech Really Worth It?

Elon Musk’s first tweet after his $44 billion offer to purchase Twitter seemed uncontroversial enough:

“Free speech is the bedrock of a functioning democracy.”

As the potential owner of the social media giant and self-proclaimed “free speech absolutist,” Musk promises to make Twitter the “digital town square where matters vital to the future of humanity are debated.”

But why are so many Americans divided on Musk’s pledge to provide an online space for free speech?
After all, the First Amendment ([link removed]) declares that “Congress shall make no law … abridging the freedom of speech, or of the press". While the first amendment covers the government’s role in restricting speech, there have long been debates about how freedom of speech should be observed in the private sector.

In other words, the first amendment doesn’t require twitter to protect free speech—but should Twitter anyway?

In short, it's complicated.

Debates over the values and limits of f ([link removed]) ree speech ([link removed]) go back centuries, ([link removed]) and have been a controversial topic in American politics and society since the nation's founding. In times of war and in times of peace, from newspapers to college campuses, the battle over free speech continues to rage, and one can easily trace this battle over free speech to the founders.

So what did the Founder who first proposed what became the First Amendment think about freedom of speech?

Enter the “Father of the Constitution”: James Madison ([link removed])
Madison presented his original proposal for the First Amendment on June 8, 1789.

Madison wrote ([link removed]) ,“The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great xxxxxxs of liberty, shall be inviolable.”

Although refined by the time of its inclusion in the Bill of Rights ([link removed]) , the spirit of Madison’s words remained intact: freedom of speech was a prerequisite to self-government.
Writing later in 1791, Madison asserted ([link removed].) , “Public opinion sets bounds to every government, and is the real sovereign in every free one.” In other words, governments that place boundaries on free speech create societies in which the people can never truly rule.
One of the first big tests came when the Adams administration introduced the Alien and Sedition Acts ([link removed]) in 1798.

Anticipating a war against France, Adams and the Federalists "feared that 'aliens', or non-citizens, living in the United States would sympathize with the French during a war." The collection of laws imposed strict limits on speech that was critical of the American government and authorized the president to deport or imprison "aliens".

Madison and Thomas Jefferson ([link removed]) asserted that such actions undermined a free republic. Both men went so far as to argue that states could interpose (i.e., insert themselves between) or even nullify abuses by the federal government.

Simply put, Madison believed that the First Amendment gave Americans free speech as well as the voice of self-government, even if a minority of them misused free speech.

What might Madison think about Elon Musk, Twitter, and free speech “absolutism”?

And why does it matter in the modern world?
According to Madison expert and JMC fellow Colleen Sheehan ([link removed]) , Madison argued that free speech encourages a “commerce of ideas” that allows a society to refine their arguments and “make a ‘common cause’ together, despite the many ways we are different and diverse.”

We cannot speak for Madison. But efforts that remind us of the important role free speech—and our Constitution more broadly—plays in our individual lives help preserve our free society, a central goal of all the founders in establishing a self-ruling form of government.

At the Jack Miller Center, we believe that understanding our nation's history and founding principles are the best way to make progress on these important questions. Freedom of speech is no exception. Students and teachers alike will benefit from our aggressive programming in civics education that promotes these principles in a faithful and responsible way.
The battle for the soul of our nation will be won or lost in our
classrooms ™ — Jack Miller

At the Jack Miller Center, that battle is our sole mission. We are the boots on the ground, working to bring the American political tradition and history back to the classroom. Please consider a tax-deductible gift ([link removed]) to JMC. Your donation, large or small, is an investment in the future of our country—for you, for your children, for your grandchildren.
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About the Jack Miller Center
The Jack Miller Center is a 501(c)(3) public charity with the mission to reinvigorate education in America's founding principles and history. We work to advance the teaching and study of America's history, its political and economic institutions, and the central principles, ideas and issues arising from the American and Western traditions—all of which continue to animate our national life.

We support professors and educators through programs, resources, fellowships and more to help them teach our nation's students.
www.jackmillercenter.org

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