In his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today’s information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.
Table des matières
Introduction
1. An Endangered Space
2. Fits and Starts
3. Holmes and the Nothingness
4. Marketplace DNA
5. Maintaining the Space
6. Drawing a New Map
7. The Balancer
8. Baking Bread
9. Monsters, Machines, and Truth
10. Curators of Discourse
Conclusion: Revising the Space
A propos de l’auteur
Jared Schroeder is Associate Professor of Media Law at University of Missouri School of Journalism. He is the author of
The Press Clause and Digital Technology’s Fourth Wave: Media Law and the Symbiotic Web (2018) and co-author of
Emma Goldman’s No-Conscription League and the First Amendment (2019).
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