Publication Date
12-1994
Journal
Yale Law Journal
Abstract
The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.
Volume
104
Issue
3
First Page
667
Last Page
706
Publisher
Yale Law School
Disciplines
Comparative and Foreign Law | First Amendment | International Law | Internet Law | Law | Law and Economics | Science and Technology Law
Recommended Citation
Monroe E. Price,
The Market for Loyalties: Electronic Media and the Global Competition for Allegiances,
104
Yale L.J.
667
(1994).
https://larc.cardozo.yu.edu/faculty-articles/1570
Included in
Comparative and Foreign Law Commons, First Amendment Commons, International Law Commons, Internet Law Commons, Law and Economics Commons, Science and Technology Law Commons