' Moshe Gottesfeld | MTTLR

Do We Need to Reconceptualize the Threat to Free Speech?

In the era of constitutional ratification, the Founders of the United States faced the task of creating a system of government that would not allow for potential tyranny. At this time, the world had seen widespread persecution and abuses by governments toward its citizens. The US Constitution was designed under the belief that the biggest threat to liberty was the government. As Thomas Jefferson said, “a bill of rights is what the people are entitled to against every government on earth.” Albeit with some limitations, the First Amendment protects the liberty of individuals by guaranteeing their right to speak freely without fear of government censorship. This made sense during an era when the medium of speech consisted primarily of the public square and the press, and the threat of censorship stemmed largely from the government. There is little doubt that those living at the time of ratification – still in the early years of the Industrial Age – would have had no way of conceptualizing the monumental advances made in communications technology leading up to the 21st century. In those early years, the primary methods of communication involved verbal and written correspondence. The notion of instant communication and the ability to share information between groups of people around the world on an invisible medium would have simply been unimaginable at the time. It stands to reason then that the issues stemming from such advancements that we now face would not have been adequately foreseen. The advent of social media in the early 2000s revolutionized the way we communicate and absorb information. Instead of having information fed to the public...