Historically, Millian arguments have had some good practical effects. Mill followed Alexis de Tocqueville in identifying “the tyranny of the majority” as an ever-present danger in democracies. As an advocate of women’s rights and an opponent of slavery, Mill knew that many people then regarded even the discussion of these issues as offensive. He hoped that by making freedom of speech a near absolute right he could guarantee a hearing for opinions that were true but unpopular among most of his contemporaries.

However, our situation is very different from that of Mill. We are seeing the worsening of a trend that the 20th century German-American philosopher Herbert Marcuse warned of back in 1965: “In endlessly dragging debates over the media, the stupid opinion is treated with the same respect as the intelligent one, the misinformed may talk as long as the informed, and propaganda rides along with education, truth with falsehood.” This form of “free speech,” ironically, supports the tyranny of the majority.

The media are motivated primarily by getting the largest audience possible. This leads to a skewed conception about which controversial perspectives deserve airtime, and what “both sides” of an issue are. How often do you see controversial but well-informed intellectuals like Noam Chomsky and Martha Nussbaum on television? Meanwhile, the former child-star Kirk Cameron appears on television to explain that we should not believe in evolutionary theory unless biologists can produce a “crocoduck” as evidence. No wonder we are experiencing what Marcuse described as “the systematic moronization of children and adults alike by publicity and propaganda.”

Marcuse was insightful in diagnosing the problems, but part of the solution he advocated was suppressing right-wing perspectives. I believe that this is immoral (in part because it would be impossible to do without the exercise of terror) and impractical (given that the internet was actually invented to provide an unblockable information network). Instead, I suggest that we could take a big step forward by distinguishing free speech from just access. Access to the general public, granted by institutions like television networks, newspapers, magazines, and university lectures, is a finite resource. Justice requires that, like any finite good, institutional access should be apportioned based on merit and on what benefits the community as a whole.

There is a clear line between censoring someone and refusing to provide them with institutional resources for disseminating their ideas. When Nathaniel Abraham was fired in 2004 from his position at Woods Hole Oceanographic Institute because he admitted to his employer that he did not believe in evolution, it was not a case of censorship of an unpopular opinion. Abraham thinks that he knows better than other scientists (and better than other Christians, like Pope Francis, who reminded the faithful that God is not “a magician, with a magic wand”). Abraham has every right to express his ignorant opinion to any audience that is credulous enough to listen. However, Abraham does not have a right to a share of the intellectual capital that comes from being associated with a prestigious scientific institution like Woods Hole.

Similarly, the top colleges and universities that invite Charles Murray to share his junk science defenses of innate racial differences in intelligence (including Columbia and New York University) are not promoting fair and balanced discourse. For these prestigious institutions to deny Murray an audience would be for them to exercise their fiduciary responsibility as the gatekeepers of rational discourse. We have actually seen a good illustration of what I mean by “just access” in ABC’s courageous decision to cancel “Roseanne,” its highest-rated show. Starring on a television show is a privilege, not a right. Roseanne compared a black person to an ape. Allowing a show named after her to remain on the air would not be impartiality; it would be tacitly endorsing the racist fantasy that her views are part of reasonable mainstream debate.

Donald Trump, first as candidate and now as president, is such a significant news story that responsible journalists must report on him. But this does not mean that he should be allowed to set the terms of the debate. Research shows that repeatedly hearing assertions increases the likelihood of belief — even when the assertions are explicitly identified as false. Consequently, when journalists repeat Trump’s repeated lies, they are actually increasing the probability that people will believe them.