Noah Feldman
Region: US
Tuesday 13 October 2026 15:07:10 GMT
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Cormac :
This also means the government needs to step in when the free marketplace of ideas fails to deal with externalities. Just like the government regulates monopolies it needs to step in when the free speech market fails
2026-10-13 15:25:08
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Ray Bonilla :
Have you read the Enlightenment philosophers who influenced the Founding Fathers? Read again.
2026-10-13 20:44:26
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MATTHEW BURR :
Adam smith provides a compelling litany of ways markets can go wrong in an argument that they must be regulated. I’m surprised you say he said they must be minimally regulated.
2026-10-13 15:24:08
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BoomieTheCat&Jax :
Love your videos and I’m an engineer not a lawyer (maybe I should go to law school) haha
2026-10-13 15:11:58
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Stixs992 :
The issue I see with the free market place is how we see it used in the push and acceptance of hate speech and hateful ideas. I think its a great concept for explaining the difference of truth, but it sound like the premise of the sale is based on the framing, not necessarily what that idea details
2026-10-13 19:06:17
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Dataman :
I say rubbish… A Kleenex may be considered by most to be a great product and therefore be free of any trade prohibitions. But ideas are not like that. They are not commodities that rely upon “the acceptance of the majority “… “We hold these TRUTHS to be self evident… “
2026-10-13 16:22:42
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user39202020482 :
do you have a podcast?
2026-10-13 15:59:57
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Etah Reis :
"Not be overly regulated" . In that weird space were law, economics and policy meet, I think we're often given false dichotomies.
2026-10-13 15:18:10
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Cajun.Steve :
Justice Oliver Wendell Holmes Jr. wrote the famous "falsely shouting fire in a theatre and causing a panic" analogy to convict Charles Schenck, a socialist convicted under the Espionage Act for distributing anti-draft leaflets during World War I.
2026-10-13 17:47:47
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Nick Murphy :
So the current issue is that there are thumbs on the scale in the current free marketplace of ideas. The rich owning media to elevate their preferred ideas in the marketplace, social media algorithms biased towards tech founders preferred ideas and hostile foreign actors manipulating social media algorithms with bot armies. In this environment, unpopular ideas can win in the marketplace. All can be rebalanced via government regulation of the ideas marketplace but alas there is not the will to do so at present.
2026-10-13 17:39:32
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JayBK :
What if you prefer a political rather than epistemic argument for free speech? That is, that there is a political value to encouraging the open expression of ideas, irrespective of whether they are true or not, and that a society that regulates speech is oppressive
2026-10-13 15:56:20
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gangsta_mermaid2 :
You teach law at harvard? what like its hard? apply abortion laws to males. apply 18 U.S. Code § 116 to males. show us exactly where the words woman and women appear in the costitution. quickly.
2026-10-13 15:29:09
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bella fortenberry :
@aarav NO!
2026-10-13 18:50:32
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