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Chapman Law Review

Promoting and Protecting the Marketplace of Ideas in the AI Information Age

Abstract

This Article focuses on the historical evolution of communications, primarily the rapid changes of the twenty-first century. The growth of video games, digital publishing, ebooks, video streaming, the metaverse, and synthetic media have undermined the innovations of the twentieth century from landlines to broadcasting. The shift to an influencer and creator economy has displaced mass media, devaluing media’s gatekeepers and disaggregating the public. More than a technological change, the consequences have profound implications for the economic and legal structures that underpin society.

Using the metaphor of the marketplace of ideas, this Article addresses key legal implications for the regulation of content, protection of the public, and the need to recalibrate speech norms. This Article explores the history of the marketplace of ideas as understood by the drafters of the Bill of Rights and its evolution through the twentieth and twenty-first centuries as a means of focusing on the range of regulatory authority available to manage information in the age of AI.

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