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- Title
Selling the "Marketplace of Ideas" and Buying Fish, Bollinger, and Baker.
- Authors
McGeough, Danielle Dick
- Abstract
The "marketplace of ideas" theory has been described as one of the most powerful metaphors in the free speech tradition and has played a central role in how the Supreme Court has ruled on free speech cases. Yet, this metaphor has been heavily criticized for influence on hate speech and pornography legislation. The purpose of this essay is to introduce three free speech theories that challenge the marketplace theory and discuss how, if adopted, these theories would or would not legally accommodate the positions of Critical Race Theorists and anti-pornography feminists. To do so, I explain the marketplace of ideas theory and its critiques. Next, I give a brief explanation of Critical Race Theorists' and anti-pornography activists' perspectives on freedom of speech. I then present theories from Stanley Fish, Lee Bollinger, and Edwin Baker, applying each theory to racist speech and pornography. I conclude with a discussion on whether adopting new theories solves the confusion that exists under the marketplace of ideas paradigm. Do Fish, Bollinger, or Barker's theories provide insight into how law ought to be applied to difficult cases, such as those pertaining to racist speech and pornography?
- Subjects
MARKETPLACE of ideas theory (Communication); COMMUNICATION methodology; COMMUNICATIONS research; PORNOGRAPHY laws; MARKETPLACES
- Publication
Kaleidoscope: A Graduate Journal of Qualitative Communication Research, 2011, Vol 10, p34
- ISSN
1552-700X
- Publication type
Article