Oct 262002
 

Title: Those Evil Warbloggers
Stardate: 20021026.1025
Word Count: 2,247
Impetus: Some Brit blogger who’s upset that actual conservatives use the Internet too. And that whole Little Green Footballs vs. Anil Dash MSNBC hate speech thing.
Thesis: If speech is unrestricted, truth will out.
Historical Reference: Justice Holmes’ 1919 dissent, in Abrams v. U.S.: “The best test of truth is the power to get itself accepted in the competition of the market.”
Evaluation: I doubt it. And “the marketplace of ideas” is a lousy reason to defend free speech anyway. If said marketplace failed to disseminate truth effectively — and there can be no denying that certain false ideas, like astrology, have made considerable market headway — would that be a good reason to restrict speech? Holmes’ jurisprudence indicates that he would have answered that question yes. What would Den Beste answer?