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.
R. G. Wright,
Free Speech and the Mandated Disclosure of Information,
U. Rich. L. Rev.
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