Thanks for the reply and the specifics. I don't know much about free speech as it was conceptualized in the U.S. Constitution, so I'm cribbing from the Wikipedia page [0]. With respect to Milton and Mill, the Wikipedia entry actually cites each in arguing for free speech and for limits to rights, respectively:
- "[Milton] Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties" (Areopagitica)
- "[Wikipedia] Freedom of speech and expression, therefore, may not be recognized as being absolute...Justifications for such include the harm principle, proposed by John Stuart Mill in On Liberty, which suggests that: 'the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.'"
I'm happy to defer to your knowledge of Milton and Mill if you think Wikipedia misquotes/decontextualizes the latter. That said, the reason why I prefer the U.S. Constitution as a starting point isn't just because of YouTube's location or because – as an American – that it's my default frame of reference. I prefer the First Amendment because unlike writings from Mill and Milton, it has actually been implemented as law in a successful government and society. You can dismiss the Constitution as a flawed document written by a bunch of connected white guys, but the fact is that – through original intent and living interpretation by the Supreme Court – it has weathered a far, far greater scope of human communication and freedom than Milton or Mill could ever imagine.
Putting aside personal preference, what's the justification for giving pre-Constitution philosophers greater or equal weight to the Constitution? Because they thought about things decades/centuries earlier? How were their thoughts proven in implementation, not just in their own time, but in all the epochs of societal and technological change since then?
[0] https://en.wikipedia.org/wiki/Freedom_of_speech