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Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Utah Law Faculty Scholarship
Freedom of thought is not directly protected as a right in the United States. Instead, US First Amendment law protects a range of rights that may allow thoughts to be expressed. Freedom of speech has been granted especially robust protection. US courts have extended this protection to a wide range of commercial activities judged to have expressive content. In protecting these rights, US jurisprudence frequently relies on the image of the marketplace of ideas as furthering the search for truth. This commercial image, however, has increasingly detached expressive rights from the understanding of freedom of thought as a critical forum …
Freedom Of The Press In Post-Truthism America, Ronnell Anderson Jones, Lisa Grow Sun
Freedom Of The Press In Post-Truthism America, Ronnell Anderson Jones, Lisa Grow Sun
Utah Law Faculty Scholarship
Freedom of the press in America is at a critical crossroads in a number of ways, but one stands out as most fundamental: the stark impact of the current debate over “Post-Truthism.” Press freedom jurisprudence has long been structured around the concept of an audience member’s search for truth in a marketplace of ideas. But social science research increasingly suggests that individual information consumers are in fact often driven by emotion, affirmation of political identity, and the need for cognitive shortcuts, and that they may not possess the truth-seeking, rational processing, or information-updating capabilities that the Court assumes. Whether this …