The enduring belief in the principle of a free marketplace of
ideas was demonstrated by Supreme Court Justice Oliver Wendell
Holmes in his dissenting opinion in Abrams v. United States in
1919. In Abrams, Holmes wrote: So powerful was Holmes’ dissent,
that some legal scholars believe, rightfully so, that it formed
the foundation upon which modern First Amendment protections
were built (Novick, 1989). Seven decades after Holmes’ dissent
in Abrams, the Internet, which was commercialized in 1990, began
serving as an interactive marketplace in which millions of
individuals were able to communicate their views and opinions
with relative ease. Today, an unprecedented number of ideas
compete for acceptance on the Internet. However, the Internet is
not likely the sort of free speech marketplace that Holmes or
the First Amendment Framers envisioned, nor perhaps would have
supported if they were alive today. While the Internet allows
for heightened political and religious discussion, both at the
core of the First Amend