Abstract
Information is a building block of reality. If we understand information in this way, the rationales we choose to safeguard the flow of information are a crucial concern. This essay contends that paradigmatic changes in the flow of information and resulting shifts in how citizens understand themselves and others in democratic society require a renewed discussion about how we interpret the First Amendment’s free-expression safeguards. This essay does not argue for specific changes, but instead seeks to catalyze a conversation about whether existing rationales for free expression, many of which were constructed upon widely questioned assumptions about society and the marketplace of ideas, are still the bedrock assumptions on which to construct a free society. In doing so, this essay explores three potential focus areas for such conversations: Change in community, technology, and self in the networked era; the marketplace and its assumptions; and the E.U.’s divergent understandings for free expression.
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