Cato Free Speech: Debate Are Contemporary Understandings of the First Amendment the Best Way to Protect Free Expression in the 21st Century?

Online platforms have created unprecedented opportunities for individuals to share ideas and reach wider audiences. Supporters of these platforms point to how they have reduced barriers to participation, providing new and creative opportunities for discourse and connection. Critics, however, raise concerns that these platforms can allow the spread of misinformation, the amplification of offensive speech, or the power of private companies to shape which voices are heard and which are silenced. The internet has become a central arena in debates about the scope and limits of free expression.

The United States has long valued the First Amendment’s broad protections, but public support is waning. A 2024 Freedom Forum poll found that only 58 percent of Americans would ratify it today—down five points in four years. Critics argue that certain types of speech, while legal, can cause harm or suppress the voices of vulnerable groups. Free speech advocates warn that narrowing protections will risk government censorship and shrink the space for open debate.

This tension raises an important question: Are current interpretations of the First Amendment sufficient to safeguard free expression in the digital age? To mark Free Speech Week, we are hosting two prominent scholars to debate this issue.

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