SPEECH AND CENSORSHIP #5: Michael Zuckert on James Madison’s ”Report of 1800”

This month we continue our series of episodes on speech and censorship. We discuss James Madison’s “Report of 1800,” a document in which Madison discusses the controversies around the Alien and Sedition Acts. Madison’s report contains fascinating reflections on the nature of speech in a republic and why the Sedition Acts in particular are inconsistent with free government. His ideas have some surprising resonances with some of our contemporary debates about free speech.

Our guest is Michael Zuckert, Nancy Reeves Dreux Professor Emeritus in the Department of Political Science at the University of Notre Dame. He is currently a visiting professor at Arizona State University’s School of Civic and Economic Thought and Leadership. Michael’s most recent book is A Nation So Conceived: Abraham Lincoln and the Paradox of Democratic Sovereignty.

Outline of the episode:
Historical context re: Alien & Sedition Acts @ 1:02
What did the Sedition Act say? @ 4:12
Why did people think the Sedition Act was constitutional? @ 6:05
Similarity of Founding era press situation and present-day press @ 11:45
Why did Madison feel compelled to write the Report? @15:00
Free speech and republican government @ 17:00
The general case for press freedom and political speech @ 25:00
On opinion, conjecture, and truth @ 27:30
Lincoln’s “House Divided” speech @ 32:30
Madison’s on the kind of political speech we need most @ 35:30
Madison on the problem of disinformation @ 37:30
Murthy v. Missouri (5th Circuit case) @51:00
Michael Zuckert’s National Affairs essay on speech @ 54:40

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