Modern Application of Two First Amendment Speech Theory

I find that many discussions of current events often lack historical reference. 

It is important that we don't forget history. 

We should look back at history and learn from what we know.

 

Marketplace of Ideas

History

John Mill published On Liberty in 1859, which sparked the theory of marketplace of ideas. The theory was based on the combination of free speech and economic competition. Mill was a big believer in allowing the free flow of information, encouraging competition, and the ability to view information without the filter of censorship. The precedenting court case that determined the marketplace of ideas theory, to be free expression, was in Abrams v. the United States (1919). The case allowed Jacob Abrams to express his support for the fight against the war. The court stood by the concept that people should be able to express their views and the best view will be most prominent. The concept allows people to have the individual power to decide what they want to believe and what they want to share. 

Current Event- YouTube BANNED Crowder

This theory and John Mill’s original ideas relate to the topic of Big Tech censorship that is being publicized heavily in the media. John Mill would be against the concept of content moderation by these media platforms because they are shutting down the ability for a free flow of information. An important aspect of the theory is that it allows all expressed ideas whether they be true or false. 

His business disappeared with the click of a button. Steven Crowder uses YouTube’s platform to share videos expressing his views on current topics. Crowder uses journalistic activity to make a living. While Crowder has his own website, he uses YouTube as his main platform to share information and conduct business. Crowder’s channel was demonetized which ended his flow of advertisement profits. Not only is Crowder’s YouTube account suspended, but Twitter has also suspended his account. There are many arguments to be made about this action, but the marketplace of ideas argument is that this act of censorship limits free expression. The theory is shut down when censorship is allowed. Not only can Crowder no longer share his ideas, but users also do not have access to his information. 

 

Participation in Self-Government

History

Alexander Meiklejohn originated the theory of participation in self-government. This theory outlined the concept of free speech. Meiklejohn based the theory on the ability to express political speech and discuss public issues. The theory’s foundation is in the protection of democracy. Debate and discussion were important to Meiklejohn because they served as a form of checks and balances on the three branches of government. 

Current Event- A Silenced President

It is not a new concept that citizens should hold government officials accountable. How can we hold government officials accountable when we get banned from platforms for expressing our concerns? What if I was banned, on social media, for supporting a peaceful protest regarding a presidential election? President Trump was banned for doing just that. In his trial, it was determined that President Trump did NOT incite the violence that followed the Capitol Hill protest on January 6, 2021. He merely showed support for the peaceful protest on his social media accounts. There was no legal breach through his journalistic actions. Regardless of the facts, President Trump was permanently banned from Twitter and Facebook. 

This censorship action on behalf of Facebook and Twitter restricted access to information as well as the ability to express speech. Participation in self-government theory stands for the complete opposite of that action. According to the theory, the platforms should not restrict President Trump or anyone for the matter, for holding other government officials and branches of legislation accountable. With all legality in check, all individuals should have the right to petition in self-government.