Madisen argues that the key to protecting free speech lies in the structure of government, specifically the separation of powers. By limiting the authority of Congress, it becomes impossible for them to ban speech. This approach avoids reliance on judicial interpretations of free speech, as no branch has the power to restrict it.

One of Madisen’s most compelling points is that the separation of powers inherently safeguards free speech. According to Madisen, even without specific provisions or a Bill of Rights, structural protections are crucial. For example, countries like the Soviet Union, China, Canada, Australia, or UK, have elaborate constitutions and fancy bills of rights that ultimately hold no real value.

Madisen emphasizes that what truly matters are the structural provisions of the constitution, ensuring that no single entity holds the power to infringe upon fundamental rights.