The End of a Repressive Era

Résumé

The end of the Biden Administration brought to an end a very repressive era in the history of free expression in the United States. Of course, speech repression is nothing new. In the Middle Ages, following Johannes Gutenberg’s invention of the printing press, most governments responded with repression, imposing restrictions and limitations on the use of the press. Governments limited the number of printing presses that could exist, and gave licenses only to those who were regarded as favorable to the government. Governments also demanded that those who wished to publish books or other documents submit their manuscripts to governmental censors, and required censorial approval as a precondition for publication.  In addition, England’s Star Chamber, through its 1606 decision in de Libellis Famosis., imposed the offense of seditious libel, which made it a crime to criticize the government or governmental officials (and, at one point, the clergy as well). The crime was enforced by “threats of punishment, litigation costs, and stigma,” and was justified by the notion that criticism of the government “inculcated a disrespect for public authority.” Since maintaining a proper regard for government was the goal of this new offense, the English regarded truth as just as reprehensible as falsehood” and therefore truth was not a defense to the crime. Indeed, truthful criticisms were punished more severely than false criticisms because it was assumed that true criticisms were potentially more damaging to the government.