The First Amendment is America’s secret sauce. Far from a relic of the 18th century, the right to speak freely and question authority is a cornerstone of innovation, which thrives on pushing boundaries and challenging the status quo. This freedom is why the United States consistently out-invents and out-performs other societies that do not prioritize the right to speech. That’s why it’s so disappointing to see attacks on America’s proud tradition of free speech coming from our own policymakers and leading thinkers
Take, for example, a recent op-ed in the New York Times by former Biden Administration Special Assistant to the President for Technology and Competition Tim Wu. In “The First Amendment is Out of Control,” Wu makes the truly breathtaking argument that the First Amendment not only serves corporate interests, it actually undermines our government. This attack on the cornerstone amendment of our democracy ignores the vital role the First Amendment serves in fostering innovation by ensuring that Americans can criticize the government, try new business models, and lean into creativity and progress.
Consider the booming field of generative artificial intelligence, a technology that facilitates asking and answering questions. American companies lead the way in developing and deploying new generative AI platforms and tools – despite competition from China, which has the advantage of massive state-led investments into AI research, a huge population, and limited privacy protections that allow developers to tap into massive data sets. Our leadership is no coincidence. It stems from an American culture where questioning and debate are encouraged and legally protected.
Critics bash “big tech platforms” for controlling speech, but these platforms have democratized communication more than ever before, and many smaller platforms have risen up behind them to provide even more avenues for speech. For the first time, ordinary citizens can reach millions without needing to own a TV or radio station or convincing a major newspaper to publish their opinions. These platforms have enabled vastly more speech, not less. They give voice to the voiceless and amplify diverse perspectives.
Wu and others have also suggested that the First Amendment undermines national security. This is the same rationale used by tyrants and dictators for quashing speech and jailing opponents and dissidents. It’s also patently false. The First Amendment is the disinfecting sunshine that helps hold the government accountable. It allows not only journalists, but everyday citizens to scrutinize and criticize government actions. It ensures transparency and prevents abuses of power. Fears of “foreign manipulation” through platforms, while certainly a concern, can and should be addressed through targeted laws and regulations rather than efforts to scrap the core principles that underpin free speech rights.
More, the Supreme Court’s recent decisions protecting algorithmic curation by Internet platforms recognize that modern speech takes many forms. Whether it’s a human editor or an algorithm, the essence of expression remains. These decisions reflect an understanding that in the digital age, free speech must adapt to new technologies and modes of communication.
Entrepreneurs and startups thrive in an environment where they can challenge incumbents, propose radical solutions, and address societal needs without fear of censorship. The First Amendment fosters an ecosystem where diverse ideas can clash and collaborate, leading to scientific advancements, artistic expression, and cultural evolution. It ensures that innovations can emerge in a vibrant, grassroots ecosystem where everyone has the opportunity to contribute.
Paring back the First Amendment to make it easier to attack specific companies is a terrible idea. The First Amendment protects corporate speech, and it has been extended to new forms of expression. We should see this broad protection as a feature, not a bug. It ensures that innovation is not stifled by overreaching regulations and that new ideas can flourish.
The First Amendment as it’s applied today is doing exactly what it was intended to do: protecting the freedom to speak, to question, and to innovate. It ensures that power, whether governmental or corporate, can be held in check. This freedom is why America remains a leader in innovation and why we must continue to uphold and defend the First Amendment in its broadest sense.
Michael Petricone is the Senior VP of Government Affairs at the Consumer Technology Association.
