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THE MARKETPLACE OF IDEAS IS IN CHAOS. CHAOS THEORY WOULD LIKE A WORD.

Authors :
SCHROEDER, JARED
Source :
St. Louis University Law Journal. Fall2023, Vol. 68 Issue 1, p103-143. 41p.
Publication Year :
2023

Abstract

The marketplace of ideas is the Supreme Court’s dominant tool for rationalizing expansive First Amendment safeguards. The model, however, is fundamentally flawed. Enlightenment-based assumptions about truth and human rationality that justices installed into the theory’s foundations have been criticized by scholars and, in the era of powerful algorithms and generative AI, are becoming even more suspect. The space is in a state of chaos. Perhaps chaos theory can help. The theory provides a lens through which to revise marketplace theory and therefore re-examine First Amendment free-expression rationales. Chaos theory identifies that Enlightenment-era positivistic, reductionist thinking fails to account for variables and does not allow for linear outcomes. A chaosinfused marketplace accounts for human diversity and revises truth assumptions. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00363030
Volume :
68
Issue :
1
Database :
Academic Search Index
Journal :
St. Louis University Law Journal
Publication Type :
Academic Journal
Accession number :
176814104