The Structure of Ideas: Mapping a New Theory of Free Expression in the AI Era

by Jared Schroeder

Overview

In his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today's information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.

Product Details

ISBN-13:	9781503639898
Publisher:	Stanford University Press
Publication date:	06/18/2024
Pages:	320
Product dimensions:	6.00(w) x 9.00(h) x 0.00(d)

About the Author

Jared Schroeder is Associate Professor of Media Law at University of Missouri School of Journalism. He is the author of The Press Clause and Digital Technology's Fourth Wave: Media Law and the Symbiotic Web (2018) and co-author of Emma Goldman's No-Conscription League and the First Amendment (2019).

Table of Contents

Introduction
1. An Endangered Space
2. Fits and Starts
3. Holmes and the Nothingness
4. Marketplace DNA
5. Maintaining the Space
6. Drawing a New Map
7. The Balancer
8. Baking Bread
9. Monsters, Machines, and Truth
10. Curators of Discourse
Conclusion: Revising the Space

Editorial Reviews

"This book is incredibly important. It explains – better than any book I have ever read – how the prevailing free speech theory from the past century can apply to new technology. Jared Schroeder has engaged in extensive original research, seamlessly weaving these sources in with scholarly commentary and current events that make the issues relevant today." —Jeff Kosseff Author of Liar in a Crowded Theater

"Jared Schroeder delivers a timely legal historical work surrounding the marketplace of ideas metaphor at the dawning of the next information age. Expertly researched and written, this important book offers viable solutions for rethinking how we think about communication in our post-truth political ecosystem." —Aimee Edmondson, Ohio University

"Law journals have published many critiques of the marketplace metaphor, but this book does an excellent job of making the topic accessible to all. Recommended."—D. Caristi, CHOICE

From the Publisher