This essay focuses on one element of an important, unresolved
question in free speech law. The broader unresolved question concerns how freedom of speech, as a legal and social institution, operates best or most efficiently. Our society has often debated how an
economy, as a legal and social institution, functions best. On this
analogous question, we have generally concluded that the national
economy ought to manifest a mixture of at least minimally voluntary marketplace exchanges' and appropriate forms of government
regulation
