Free speech has come under attack on two fronts since Donald Trump was elected president. Many unhappy with his victory charge that Russia interfered in our election on his behalf by using social media like Facebook and Twitter, which should be held responsible for the content on their sites. Meanwhile, some political activists and politicians are calling for a revision of our free speech laws to prevent “hate” speech and “fake news” from polluting the public square. Everybody is complaining about false or biased reporting that is distracting and confusing voters with disinformation and appeals to unsavory emotions. One of the pillars of American exceptionalism, the right of citizens to speak freely, no matter how rough or hateful their words, seems to be tottering.
The revelations that Russian propaganda exploited social media to affect the outcome of the election has resulted in Twitter, Facebook, and Google executives getting hauled before Congress to answer questions about the parts their businesses may have played in supposed Russian electoral interference. According to the testimony of these executives, Russian-sponsored Facebook ads reached 135 million American voters over 32 months, and the New York Times reports “more than 126 million users potentially saw inflammatory political ads bought by a Kremlin-linked company, the Internet Research Agency.” Many Congressmen from both parties demanded to know what social media companies will do to control the dissemination of questionable or hostile information.
Similarly, even before the violent demonstrations by white supremacists in Charlottesville, Virginia last summer, critics were demanding a revision of our First Amendment in order to make it resemble the laws in Europe that prohibit “hate speech” and speech that attempts to “spread, incite, promote, or justify hatred based on intolerance.” The “free marketplace of ideas,” critics argue, in the age of the internet is no longer adequate for sorting out “legitimate” speech from hateful propaganda that, if left unchecked, could lead to political tyranny, as happened in Germany under Nazism in the in the 1920s and ’30s. The safety of the larger political community should take precedence over the right of individual citizens to speak their minds.