What James Madison Can Teach Us About Free Speech – By Elliott Drago (Real Clear Public Affairs) / May 26, 2022
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 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 the private sector should observe free speech. In other words, the First Amendment doesn’t require Twitter to protect free speech – but should Twitter anyway? In short, it’s complicated.