ABSTRACT

The United States is well known for having one of the most speech-protective regimes in the world. Its record is by no means perfect, however; American history is full of examples of government officials using their power to punish political opponents and dissenting groups. Nevertheless, the most egregious forms of censorship have largely been eradicated in the past twenty-five years. Although Americans generally believe they have considerable freedom to speak whenever and wherever they wish, federal and state governments in fact regulate speech extensively. By defining censorship exclusively as government censorship, the proponent of the libertarian conception misses the many ways in which private parties can effectively hinder or even prevent widespread dissemination of information or unpopular political views. In addition, the system of so-called government non regulation actually ties free-speech rights to the rights of private property. Problems of equality intersect with free speech in another way.