How free speech can become censorship – and how to solve it

"The remedy is more speech, not enforced silence," wrote US Supreme Court justice Louis Brandeis in 1927 in his defence of freedom of speech. Ninety years on, his position is often taken as read: in the marketplace of ideas, eventually the truth will out. So it's no surprise that many were aghast when, last week, Germany's justice minister introduced a draft law that would fine social media companies, including Facebook and Twitter, up to €50 million if they failed to remove hate speech within 24 hours of a complaint.