Abstract
The First Amendment shapes the marketplace of ideas. But this metaphorical marketplace has increasingly been inundated with information. Traditional media like television, radio, and movies; middle-aged media like the Internet; and emerging technologies such as smart phones, peer-to-peer services, and digitally mediated social networking produce new forms of expressive content. These new forms of expression are flush with data—both informative and entertaining— aimed at the new brand of digital citizens and their communities. The marketplace of ideas has become a marketplace of information and data, which is open for those who can penetrate the layers of e-mails, blog posts, tweets, pictures uploaded to Flickr, and Facebook “pokes.” As information and data displace ideas in the metaphorical marketplace, it is no surprise that the First Amendment has taken on new contours, especially with respect to commercial speech, as the United States Supreme Court’s 2011 decision in Sorrell v. IMS Health Inc. illustrates.
Recommended Citation
Ghosh, Shubha
(2012)
"Informing and Reforming the Marketplace of Idea: The Public-Private Model for Data Production and the First Amendment,"
Utah Law Review: Vol. 2012:
No.
2, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss2/4