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But today, speakers are more like moths — their supply is apparently endless.
The massive decline in barriers to publishing makes information abundant, especially when speakers congregate on brightly lit matters of public controversy.
Hence the question — when it comes to political speech in the twenty-first century, is the First Amendment obsolete?
Many of the problems described here might be subject to legislative or regulatory remedies that would themselves raise First Amendment questions.
The jurisprudence of the First Amendment was shaped by that era.
It presupposes an information-poor world, and it focuses exclusively on the protection of speakers from government, as if they were rare and delicate butterflies threatened by one terrible monster.
The low costs of speaking have, paradoxically, made it easier to weaponize speech as a tool of speech control.
The unfortunate truth is that cheap speech may be used to attack, harass, and silence as much as it is used to illuminate or debate.For example, consider a law that would bar major speech platforms and networks from accepting money from foreign governments for materials designed to influence American elections.