History Extra Podcast: The 300-Year Battle Over Free Speech
Release Date: July 29, 2025

In this enlightening episode of the History Extra Podcast, historian Farrah de Boisville delves deep into the intricate and often tumultuous history of free speech over the past three centuries. Hosted by Spencer Mizzen, the conversation traverses from medieval perceptions of speech to the modern challenges posed by digital platforms, offering listeners a comprehensive understanding of how the concept of free speech has evolved and been contested over time.

1. Introduction to the Concept of Free Speech

Spencer Mizzen opens the discussion by highlighting the perennial struggle humanity has faced regarding free speech. He states:

"From America's founding fathers via John Stuart Mill to today's social media giants, humanity has long wrestled with the idea of free speech. What does it mean? Can it really apply to everyone?"
[02:01]

Farrah de Boisville responds by emphasizing that free speech is a concept deeply rooted in historical and cultural contexts, rather than being a universal constant.

2. Historical Perspectives Before the 18th Century

De Boisville elucidates that prior to the 18th century, the notion of free speech as understood today was largely "not an intelligible concept". She explains:

"Up until the 18th century, most cultures, all cultures around the world, put a huge amount of effort into regulating speech. So freedom of speech does exist in various ways as a concept and as an ideal, but it's a very exceptional form of expression."
[03:17]

She provides examples from medieval court records, where defamation and slander were common legal issues, reflecting the importance placed on maintaining personal reputation within tight-knit communities.

3. The Media Revolution in Early 18th Century England

The conversation shifts to the transformative period around 1700 in England, marked by a media revolution. De Boisville notes:

"A completely new media landscape emerges... the end of licensing and the freeing of print. The new circumstance that you may print whatever you like without prior censorship... people start to celebrate liberty of the press."
[07:23]

This era saw the rise of newspapers as mass media vehicles, introducing highly partisan political discourse through the emergence of Whigs and Tories. The "liberty of the press" became a rallying cry, albeit one often wielded for partisan ends rather than as a coherent theory.

4. The Influence of Cato's Letters

De Boisville introduces John Trenchard and Thomas Gordon, the authors behind Cato's Letters, as pivotal figures who formalized a comprehensive theory of political free speech:

"In 1721 through the actions of two extraordinary journalists called John Trenchard and Thomas Gordon... they put forward... the first theory of political free speech that is kind of fully fleshed out."
[09:06]

Despite their mercenary motives—switching political allegiances for personal gain—their ideas planted seeds that would shape future political discourse on free speech.

5. Divergence of American and French Models Post-Revolutions

The episode explores how the American and French Revolutions independently shaped distinct models of free speech. De Boisville contrasts the American absolutist approach with the French balanced model:

"The American model is unique. It's the only one that takes this what we might call absolutist approach... Congress may make no law abridging the freedom of speech or the liberty press."
[18:03]

In contrast, the French model explicitly balances freedom of expression with responsibilities to prevent abuse, a nuance that influenced subsequent legal frameworks worldwide.

6. Shifts in American Free Speech Jurisprudence

De Boisville discusses the 1960s shift in American attitudes towards free speech, influenced by the Cold War:

"American society and American law and American attitudes shift back to the really simplistic idea that anything about collective attitudes and the public good smacks of communism... individual rights."
[21:51]

This period marked a departure from earlier, more balanced notions of free speech, leading to the modern absolutist stance prevalent in American legal and cultural contexts.

7. Critique of John Stuart Mill's Liberty

A significant portion of the discussion critiques John Stuart Mill's 1859 work, On Liberty. De Boisville acknowledges its influence but points out fundamental flaws:

"The basic problem with Mill's argument... is that he himself acknowledges right at the outset that speech is of course not just a Personal matter. It's an other regarding act, it's a social act."
[27:25]

She argues that Mill's conflation of freedom of thought with freedom of expression overlooks the inherently social nature of speech, undermining his advocacy for absolute free expression.

8. Colonial Implications of Free Speech Theories

De Boisville sheds light on how European conceptions of free speech were exported during the colonial era, often oppressively:

"Free speech is theorized right from the outset. It's not a bug, it's a feature of the theory in ways that privilege certain voices and deny equality to other voices."
[30:39]

This imposition reinforced existing hierarchies, suppressing the voices of women, people of color, and indigenous populations, and embedding systemic inequalities within legal frameworks.

9. The Digital Age: Social Media and Free Speech

Fast-forwarding to the 21st century, the podcast examines how social media platforms have transformed the landscape of free speech:

"Social media companies... are not responsible for anything that anyone posts through their channels. They're not treated as publishers."
[32:57]

De Boisville critiques the absolutist approach adopted by American regulators, highlighting the toxic combination of unregulated platforms and corporate censorship powers:

"This combination has proved completely toxic in the world that we now live... It's still the case, of course, that certain people's voices are amplified more than others."
[35:27]

10. The Path Forward: Regulation and Accountability

Addressing concerns about regulating free speech, especially regarding the protection of dissidents and journalists, De Boisville advocates for accountability:

"We need as societies to formulate rules and regulations that force these giant corporations... to make explicit what their rules are about speech."
[35:38]

She emphasizes that without oversight, the monopolistic power of social media companies undermines democratic discourse and the equitable distribution of voices.

Conclusion: The Enduring Struggle for Meaningful Free Speech

The episode concludes by reaffirming that free speech remains a dynamic and contested concept, continually shaped by historical contexts, cultural shifts, and technological advancements. De Boisville’s insights underscore the necessity of understanding the multifaceted nature of free speech to navigate its challenges in contemporary society.

Notable Quotes:

• Farrah de Boisville: "Up until the 18th century, most cultures, all cultures around the world, put a huge amount of effort into regulating speech."
  [03:17]

• Farrah de Boisville: "Cato's letters... are full of holes... but the words of Gordon and Trenchard live on."
  [13:42]

• Farrah de Boisville: "Freedom of expression can be for many different things. It can be, for example, for art or literature... but in politics, it has a lot to do with not spreading lies."
  [24:37]

• Farrah de Boisville: "Free speech has always been, and my book tries to explain... a weaponized slogan."
  [24:37]

This episode serves as a compelling exploration of the historical trajectories that have shaped our current understanding of free speech. By tracing its evolution, Farrah de Boisville provides listeners with a nuanced perspective on the complexities and enduring significance of this foundational democratic principle.