IN MY EXPERIENCE there have been no louder objectors to me telling the truth about "free speech" absolutism than the "free speech" champions. I am almost always told I should shut up, either explicitly or implicitly. And most of them are reliably in the "more speech" club. As I said the other day, the right to tell the truth is about the only absolute form of "free speech" which doesn't carry dangers, except, arguably, in the most fraught of circumstances when telling the truth can get someone killed. The Supreme Court invented "right to lie" is probably about in direct inverse in the percentages of good as opposed to bad applications of it, hardly ever being good even if at times arguably innocuous.
"More speech" was, famously, an invention of that hero of progressives, the Supreme Court associate "justice" Louis Brandeis, or so I have always been told. The case was the famous 1927 Whitney v California in which, ironically, Brandeis issued a concurring opinion with the majority who upheld the conviction of a wealthy Marxist by the state of California who was accused of wanting to start one of those totally futile, often spoiler "third parties" which have in almost every case where they've had an effect, helped the enemies of workers, minorities and equality.
The money paragraph is this one.
Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence. Only an emergency can justify repression. Such must be the rule if authority is to be reconciled with freedom. Such, in my opinion, is the command of the Constitution. It is therefore always open to Americans to challenge a law abridging free speech and assembly by showing that there was no emergency justifying it..
There are a number of hypocrisies in that paragraph, Which should have been obvious to Brandeis due to his own, life history. Here from the "Free Speech Center at Middle Tennessee State University:
Louis Dembitz Brandeis (1856–1941) was born in Louisville, Kentucky, to Jewish parents who had immigrated from Bohemia after 1848. At age 18, Louis Brandeis enrolled in Harvard Law School, graduating first in his class in 1877.
Louis Brandeis was born into the pre-Civil War South, in a slave state. He certainly was old enough to remember the Civil War. He grew up and lived his entire life in a country in which lynching was an epidemic if not a pandemic. THERE HAS NEVER BEEN A LYNCHING IN THE UNITED STATES WHICH WAS NOT A PRODUCT OF FREE SPEECH, hate speech, lies, exactly the kind of thing I favor removing from our mass media and discourse. By the time Brandeis wrote that paragraph, there had been thousands of lynchings, especially of Black People, men and Women and Children, though of many white People, especially those of local ethnic minorities.
By the way, you should read the article from the "Free Speech Center" because it shows that Brandeis was hardly consistent in his "free speech" shtick.
You may point out something that I never, ever hear mentioned by the "more speech" Chatty Cathys, that Brandes in giving them that truncated slogan conditioned it on there being "If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, . . . " Even in that most famous ruling, he conditioned it, he didn't present it in absolutist terms.
Of course, in real life, there so often isn't time to apply that "process of education" to avert such evil BECAUSE THE "PROCESS OF EDUCATION" HAS ALREADY PREDISPOSED THE LYNCH MOB TO COMMIT MURDER. Any such "education speech" has already been flooded with "more education speech" educating and indoctrinating in racism, hatred, predisposition to believe lies, etc. And the results are deadly for those in whom THAT "more speech" has resulted in their death.
That is something that the superbly educated and informed lawyer of good will, Louis Brandeis certainly was aware of because even in the year before he issued that ruling there were 30 documented lynchings in the United States, a period when the KKK was resurgent and, with the consequence of the speech which had led to that resurgence, speech magnified and spread with all of the organs of "free press" and the innovations of public relations was not defeated by an effective and timely - even over the period of years - "process of education."
And it is far worse than that because if there is one thing that is obvious about those he certainly meant by "those who won our independence by revolution" in the context of a Supreme Court case, he didn't mean the free Black Men, the many landless, Poor White Men and others who actually fought in the Revolutionary War, he meant the aristocrats and slave-holders who wrote the Constitution who had had some role in fomenting the Revolution. It is clear from both the actions of the Continental Congress who administered the affairs of the revolutionary movement and those who, independence being won, wrote the Constitution largely in reaction to the Revolutionary soldiers who found they had been cheated and exploited and revolted against the several states, that they certainly didn't favor the free speech of Black People, Native Americans, any Poor Whites who had serious objections to things. That certainly includes the likes of James Madison, the so-called father of the Bill of Rights who certainly had no intention of his creation enhancing the "more speech" of his or his classes' slaves. The ones whose descendants were so often lynched as a consequence of abundant "free speech."
That last list, with additions of many other groups, are exactly the same groups who today suffer the consequences of the "more speech" that more money buys in the free press who are owned by oligarchs and which, unsurprisingly, use their more and more and more and more speech than any poor or even middle-class individual or cash-starved non-profit group which doesn't serve the oligarchy can ever have.
The years in which that "more speech" has been the rallying cry of the "civil liberties" pros and amateurs have been exactly the years that have seen the destruction of the Civil Rights Act, the Voting Rights Act, and myriads of other hard-won progress against that tide of American Constitutional decision making, resulting in Republican-fascist administrations and congresses who have appointed the white supremacist Roberts Court - that slogan has failed the test of time and history.
The problem with the slogan of "more speech" is that, especially after the First Amendment rulings of the Supreme Court starting with Sullivan v NYT, and most of all in the line of rulings after Buckly v Valeo, the "more speech" is countered by more ad more and more . . . speech bought with billions and millions and exploiting the worst weaknesses of human beings in exactly the way that makes con men successful, sleazy advertising profitable and which fuels lynch mobs AND TRUMP'S INSURRECTIONIST THUGS ON JANUARY 6, 2021.
You can take your "more speech" and shove it up your ass. Or that of any member of the Supreme Court you choose.
I don't have much respect for much of any members of the Supreme Court, almost every one who you'd expect me to have any respect for have either written or concurred in terrible injustices or taken obviously cowardly actions or, even more often, inactions. The year before he wrote his famous phrase, Brandeis concurred with Holmes Buck v Bell decision which he cited the very next year in one of his dissents. And that goes right back to the start with the likes of Oliver Ellsworth, John Marshall and Joseph Storey. I don't like lawyers. They are in the profession of lying, generally for those who can pay the most. The whole thing is fruit of the poison tree. We need a new Constitution, not least of which is a "First Amendment" that makes it clear there is no such a thing as a court protected "right to lie."