From Holmes to Zuckerberg: Keeping Marketplace-of-Ideas Theory Viable in the Age of Algorithms

Abstract

As the most influential theory in modern First Amendment law turns 100, this study integrates in a unified format centric to marketplace of ideas theory an assessment of developments with the potential to reconstruct broad media marketplaces into an array of cocoons, silos and bubbles of fabricated reality. That assessment provides the basis to argue that the most fundamental threat to marketplace-of-ideas theory lies in whether an effective framework can be developed for responding to particular uses of socially networked algorithms.