I also heard the slogan "the answer to bad speech is more speech" frequently inside EFF in the first half of my time working there and almost never in the second half.
It's actually a conceptually challenging question for me to try to account for why that changed. I would like to go off and ponder that a bit.
I should also emphasize that EFF has never advocated for narrowing what is protected speech under the first amendment. Even when people stopped habitually saying "the answer to bad speech is more speech", they didn't somehow start saying "the answer to bad speech is making it illegal".
I think there was a relatively rapid shift in many parts of American society around 2012 away from optimism about the potential of debate, discussion, and conversation. I remember in college (1997) someone had a poster based on the Pink Floyd song "Keep Talking" with the quote that they use from Stephen Hawking:
It doesn't have to be like this
All we need to do is make sure we keep talking
I can't really imagine a college student in 2026 having that poster (regardless of that student's political views).
I think the problem with the free speech ideals is a combination of engagement farms (i.e. a room full of smart phones where people “like” or view particular content so it artificially becomes more popular on social media) and bots (which, with modern AI, are pretty hard to distinguish from people who know how to write) which make modern online content a lot less organic.
In addition, the outrage culture (because anger increases engagement) went from us being “I disagree with you, but I defend your right to say that” to “What you say is so awful I want to destroy you”. It’s this second issue which has made things difficult for the EFF—their original mission was to allow the racists, misogynists, misandrists, and what not to have their soapbox. But that’s something which just doesn’t work in today’s political climate.
Ironically, I think X in a lot of ways was a beacon of free speech in a world where people advocating certain ideas will just be permanently banned from a given platform without question. Yes, they had issues with going out of their way to discourage people from linking outside of their walled garden [1], but they allowed a lot of content that would instantly get someone banned on Bluesky or Reddit.
Don’t get me started on how Facebook has morphed from being a place where I could see what my old college buddy from 30 years ago (who I parted ways with when I changed colleges) was up to, into a place where I just mainly see slop from content farms and troll farms.
[1] I left Twitter because they marked me as a “spammer” because I would link to Substacks or blogs showing men that, no, women aren’t only sleeping with 10% of men.
First off, just want to say thanks so much for posting your top comment - I'm only tangentially familiar with the changes to the EFF over the years so I appreciate the insight.
> I think there was a relatively rapid shift in many parts of American society around 2012 away from optimism about the potential of debate, discussion, and conversation.
I think you really hit the nail on the head with this one (small data point to think about - the reddit r/jailbait controversy was in 2011, and that was when, AFAICT, Reddit first implemented policies beyond "anything except outright illegal speech". I also remember that, regardless of ones opinion on the topic, Reddit didn't really have a choice in the matter - they would have been sued or legislated out of existence if they didn't ban r/jailbait and similar subreddit. I also have trouble believing either the "old" ACLU or EFF would have defended the r/jailbaiters, but you were there at the time so maybe you could offer insight).
But I'd argue that this isn't just some opinion change. One of the unstated beliefs of many who believed in the power of free speech is basically that when people are free to speak out, the "best" ideas, or at least the factually true ideas, win out. I don't know how you could be alive on this planet for the past 15 years and still believe that.
To take a relatively non-political example, look at Ann Reardon, a YouTuber who originally got big with a baking channel but switched to "food debunking videos" because there was so much food bullshit online, and worst, "food porn" makers were hawking cheap, bright videos of recipes online that were inherently impossible while real amazing bakers (who showed recipes that actually, truthfully worked) were having to leave YouTube because their views plummeted in the face of "So Yummy" and the like.
Similarly, take the rise of MAHA, which has now mainstreamed pseudoscience and rejected evidence-based policies. Fine, one could argue there is a lot of opinion baked into that statement, but in a lot of cases some MAHA pronouncements make no sense because they're not even self-consistent. Like the new nutrition guidelines literally say "When cooking with or adding fats to meals, prioritize oils with essential fatty acids, such
as olive oil." Except olive oil, despite being a great choice for many people because it is high in oleic acid, is actually a very poor source of essential fatty acids. There are lots of other BS items I could bring up with respect to MAHA, that's just one that is so undeniably clear that the authors didn't know what they were talking about.
To emphasize, I think the rise on the left of "you're a bad person if you say the wrong things as we define them" is not just a horrible, but ultimately extremely counterproductive, approach. I myself have very little idea what the optimal solution is, but I think technology, with its algorithmic feeds and difficulty that it presents differentiating bots from humans, has fundamentally changed a lot of the "axioms" people assumed with free speech absolutism, and to deny that feels like sticking one's head in the sand.
It's actually a conceptually challenging question for me to try to account for why that changed. I would like to go off and ponder that a bit.
I should also emphasize that EFF has never advocated for narrowing what is protected speech under the first amendment. Even when people stopped habitually saying "the answer to bad speech is more speech", they didn't somehow start saying "the answer to bad speech is making it illegal".
I think there was a relatively rapid shift in many parts of American society around 2012 away from optimism about the potential of debate, discussion, and conversation. I remember in college (1997) someone had a poster based on the Pink Floyd song "Keep Talking" with the quote that they use from Stephen Hawking:
I can't really imagine a college student in 2026 having that poster (regardless of that student's political views).