Speaking in Code

What happens when 18th-century communication laws collide with 21st-century social media? A constitutional amendment written for handwritten pamphlets now governs everything from content moderation to cancel culture. This chapter traces America’s distinctive approach to free speech, from colonial newspaper trials to Section 230—the 26-word law that shapes every post, comment and meme online. It also examines why both Democrats and Republicans are angry about platform moderation—but for opposite reasons—and how companies like Facebook and X have become powerful gatekeepers of public discourse. As online platforms replace the town square, understanding these legal frameworks is essential for navigating a digital world where speech, rights and democracy intersect.