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

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