Add to ORKGThe authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the Court often rules as if it is. What are the implications?By assuming often that the idea market is competitive, Justices are committing the reification fallacy. They are treating an abstract belief or hypothetical construct as if it represented a concrete event or physical entity. In this instance, the Justices assume that existing markets are structured the same way idealized competitive markets are. In doing so, they treat the marketplace of ideas as inherently good, when in fact one must first determine what structure actually exists
The First Amendment prevents the government from suppressing speech, though individuals can ban, chi...
The Supreme Court has recognized the central role that free expression plays in our democratic enter...
Here is a familiar liberal argument: just as it can be beneficial to establish a marketplace, in whi...
The authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the C...
If any area of constitutional law has been defined by a metaphor, the First Amendment is the area, a...
The metaphor of a ‘marketplace of ideas’ has long pervaded discussions of free speech in and beyond ...
Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Propon...
Commentators differ on whether a diminished constitutional status for profit-driven speech is consis...
Johnson takes an economic perspective on the First Amendment. Johnson argues that freedom of speech ...
At least five basic values might be served by a robust free speech principle: (1) individual autonom...
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace ...
Numerous scholars, as well as the conservative justices on the Roberts Court, are market fundamental...
It was just one line, nearly a throwaway; technically a subordinate clause. Yet that one clause from...
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amend...
One hundred years ago, Justice Holmes embraced the marketplace of ideas in his dissenting opinion in...
The First Amendment prevents the government from suppressing speech, though individuals can ban, chi...
The Supreme Court has recognized the central role that free expression plays in our democratic enter...
Here is a familiar liberal argument: just as it can be beneficial to establish a marketplace, in whi...
The authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the C...
If any area of constitutional law has been defined by a metaphor, the First Amendment is the area, a...
The metaphor of a ‘marketplace of ideas’ has long pervaded discussions of free speech in and beyond ...
Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Propon...
Commentators differ on whether a diminished constitutional status for profit-driven speech is consis...
Johnson takes an economic perspective on the First Amendment. Johnson argues that freedom of speech ...
At least five basic values might be served by a robust free speech principle: (1) individual autonom...
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace ...
Numerous scholars, as well as the conservative justices on the Roberts Court, are market fundamental...
It was just one line, nearly a throwaway; technically a subordinate clause. Yet that one clause from...
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amend...
One hundred years ago, Justice Holmes embraced the marketplace of ideas in his dissenting opinion in...
The First Amendment prevents the government from suppressing speech, though individuals can ban, chi...
The Supreme Court has recognized the central role that free expression plays in our democratic enter...
Here is a familiar liberal argument: just as it can be beneficial to establish a marketplace, in whi...