Theory: Texas v. Johnson and the Marketplace

Texas v. Johnson is an excellent representation of the relation between the theory of the marketplace of ideas and the First Amendment.  This short video details the case of Texas v. Johnson, articulates the theory of the marketplace of ideas, and presents counterarguments to the marketplace.

Whitworth University professor of philosophy Dr. Keith Wyma defines the marketplace of ideas, using philosophers John Stuart Mill and Alexander Meiklejohn.  Next, Whitworth professor of communications Dr. Mike Ingram asserts two counterarguments to the marketplace.

Overall, this video stands firm that the marketplace is upheld in Texas v. Johnson as seen in the case’s precedent that “the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

 

References

Schauer, F. (1982). Free speech: A philosophical enquiry. Cambridge University Press.
Mackinnon, C. A. (1987). Feminism unmodified: Discourses on life and law. Harvard University Press.

 

 

 

 

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