Free Expression from Ben Franklin to Facebook

What do we mean when we say that free expression should be regulated by the “free marketplace of ideas?” This seductive metaphor has gained widespread currency in the modern United States. For this reason, it is worth thinking about its history. Who popularized the idea? Who opposed it? How is the market to be regulated (as all markets are)? This illustrated lecture surveys the long history of free expression in the United States from the enactment of the First Amendment in 1791 which limited the power of Congress to restrict the press, to the rise of the Internet, and the challenges posed by AI. Among the topics that we will consider will be the abolitionist mails controversy of the 1830s, Oliver Wendell Holmes, Jr.’s famous dissents in First World War era sedition cases, the regulation of movies and radio during the Second World War, and a little known law—Section 230…