Last Tuesday, Leo and I partnered
up to discuss the eight values of Free Expression. After some conversation, we
narrowed the topic down to our favorite value: the Marketplace of Ideas. This
concept, founded by John Milton, states that "the test of the truth or
acceptance of ideas depends on their competition with one another and not on
the opinion of a censor, whether one provided by the government or by some
other authority." (https://www.mtsu.edu/first-amendment/article/999/marketplace-of-ideas)
In other words, expression of ideas
should not be censored by the government as competing ideas and truths can form
a "market" of sorts. And in a market, the better items will
absolutely sell more than the lesser ones.While certain items could be
controversial, putting bans on items that could sell well is a bad idea because
unless the item is clearly dangerous, it would disrupt the marketplace.
Does this sound like a concept
mentioned in class recently? The marketplace of ideas perfectly describes the
concept of prior restraint and why we should not have it! The first amendment
gave us freedom of speech and the press, yet we had controversial books banned
by the government for a while because they were "offensive". This was
considered constitutional until the Near v Minn case in 1931. Like the
Marketplace of Ideas, texts with controversial messages should not be censored
by the government as they can only be banned if they involve fighting words or
incitement. There can be a subsequent punishment for causing violence; however,
controversial opinions are not meant to be censored by the government. This is
the most interesting value because it perfectly fits prior restraint into terms
of business.
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