Abstract
Famously imputed into First Amendment jurisprudence by Justice Oliver Wendell Holmes, the Marketplace of Ideas is a foundational paradigm in free speech theory. However, current trends in social discourse suggest the Marketplace has crashed. Conspiracy theories illustrate this crash as a story of unintended consequences and, paradoxically, a consequence of judicial and legislative efforts to prevent it. Acknowledging the popularity and widespread use of the internet and social media, I explore solutions to rejuvenate the Marketplace of Ideas and better align its prominence in First Amendment doctrine with the reality of the current speech landscape.
Recommended Citation
Connor B. Flannery,
§230 and Tinfoil Hats: What Conspiracy Theories Teach Us About the Marketplace of Ideas and Online Speech,
31
Cath. U. J. L. & Tech
3
(2023).
Available at:
https://scholarship.law.edu/jlt/vol31/iss2/4
Included in
Communications Law Commons, First Amendment Commons, Internet Law Commons, Law and Politics Commons, Privacy Law Commons, Science and Technology Law Commons, Social Influence and Political Communication Commons, Social Justice Commons, Social Media Commons, State and Local Government Law Commons
