Economics Faculty Publications

Document Type

Article

Abstract

The authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the Court often rules as if it is. What are the implications?

By assuming often that the idea market is competitive, Justices are committing the reification fallacy. They are treating an abstract belief or hypothetical construct as if it represented a concrete event or physical entity. In this instance, the Justices assume that existing markets are structured the same way idealized competitive markets are. In doing so, they treat the marketplace of ideas as inherently good, when in fact one must first determine what structure actually exists.

Publication Date

2012

Publication Title

The Akron Journal of Constitutional Law and Policy

Volume

3

Start Page No.

55

End Page No.

82

Included in

Law Commons

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