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Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
The Value Of The Marketplace Of Ideas: Academic Freedom In The American Academy, Daniel J. Perrone
The Value Of The Marketplace Of Ideas: Academic Freedom In The American Academy, Daniel J. Perrone
Theses and Dissertations
This dissertation surveys several landmark U.S. Supreme Court cases of academic freedom in the 20th and 21st century to argue for the value of a tolerant and liberal interpretation of unrestricted academic freedom. Central to its argument is a defense of Oliver Wendell Holmes 1919 ruling in Abrams that society is best served where all expressions are tested in a “marketplace of ideas,” a term first used by John Stuart Mill in his 1859 essay, “On Liberty.” In an era of increasing casualization of academic labor (the adjunct labor force) and political paranoia about terror, I conclude that the continual …
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
Catholic University Journal of Law and Technology
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.
Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss
Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss
LSU Doctoral Dissertations
This dissertation analyzes the marketplace of ideas analogy, a longstanding force in First Amendment jurisprudence, as it evolves within the same operational contexts as neoliberal economic policy in higher education. To accomplish this, the study focuses on students, the campus population whose activism patterns are distinctively associated with renewed public debate over free speech in university settings. The study combined legal and qualitative research methods to explore a modern campus environment, rife for student dissent, that exists in unresolved tension between the legal underpinnings of the marketplace of ideas analogy and institutional behaviors increasingly linked to neoliberalism. After all: findings …
Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall
Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall
Catholic University Journal of Law and Technology
Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
Catholic University Law Review
Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.
Toward A Better Competition Policy For The Media, Maurice E. Stucke, Allen P. Grunes
Toward A Better Competition Policy For The Media, Maurice E. Stucke, Allen P. Grunes
College of Law Faculty Scholarship
It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, the growth of new media, the impact of media consolidation (including its impact on minority and women ownership), and the role of the Internet. In response to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to …
The Jurisprudence Of Fairness: Freedom Through Regulation In The Marketplace Of Ideas, Michel Rosenfeld
The Jurisprudence Of Fairness: Freedom Through Regulation In The Marketplace Of Ideas, Michel Rosenfeld
Fordham Law Review
No abstract provided.