Setting the Wayback Machine to 1995: “Cheap Speech and What It Will Do”
In Fall 1994, I wrote an article called “Cheap Speech and What It Will Do,” which became my first publication as a law professor. It was for a Yale Law Journal symposium called “Emerging Media Technology and the First Amendment,” which was about the then-emerging technology of the Internet. (Fun fact: Back then, we would hammer out our manuscripts with chisels on clay tablets.) Thirty years later, I thought I’d serialize the piece here, to see what I may have gotten right—and what I got wrong, from “infobahn” to people printing out daily newsletters to read them.
I’ve omitted most of the footnotes—you can see them here—but I’ve moved a few of the substantive ones into text, marking them (as I usually do for moved text) with { and }. This morning, I begin with the Introduction.
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It’s easier for the rich to speak than it is for the poor. It’s also easier to speak if what you’re saying, or singing or drawing, has mass appeal. Publishers will only invest in a product if the expected returns exceed the expected costs. If your work lacks a wide audience, publishers may be hard to find; and even if you can get a small publisher to back you, distributors may be unwilling to let you use their scarce shelf space. Getting access to nationwide radio and TV is harder still. People with unorthodox tastes lose out, and even those in the mainstream suffer when potentially inter
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
