http://www.lexferenda.com/17072007/two-new-perspectives-on-speech-and-regulation/ daithí mac sithigh's blog on cyberlaw and more Mon, 08 Sep 2008 08:08:25 +0000 http://wordpress.org/?v=2.5.1 http://www.lexferenda.com/17072007/two-new-perspectives-on-speech-and-regulation/#comment-1497 Eoin Tue, 24 Jul 2007 14:56:28 +0000 http://www.lexferenda.com/17072007/two-new-perspectives-on-speech-and-regulation/#comment-1497 Interesting post, as always. And the whole series makes me jealous of your being there. But I'd like to make just a quick comment on Candeub's wonderful coinage of “the antitrust law for the marketplace of ideas”. First, in similar vein to Candeub's piece is ME Stucke and AP Grunes "Antitrust and the Marketplace of Ideas" (2001) 69 Antitrust Law Journal 249 (available <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=927409" rel="nofollow">here on SSRN</a>), though Candeb's is more elegantly theorised. Second, the major discussion of the "marketplace of ideas" as a concept is the powerfurl S Ingber "The Marketplace of Ideas: A Legitimizing Myth" (1984) 33 Duke Law Journal 1 (available <a href="http://www.heinonline.org/HOL/Page?handle=hein.journals/duklr1984&id=17&collection=top30&index=journals/duklr" rel="nofollow">here on Hein</a> and <a href="http://www.jstor.org/view/00127086/ap050138/05a00030/0?frame=noframe&userID=86e201ea@tcd.ie/01cc99331f00501c37dc2&dpi=3&config=jstor" rel="nofollow">here on JSTOR</a> (subs req'd)) in which the language of antitrust economics (market failure, etc) is very much applied. Interesting post, as always. And the whole series makes me jealous of your being there. But I’d like to make just a quick comment on Candeub’s wonderful coinage of “the antitrust law for the marketplace of ideas”. First, in similar vein to Candeub’s piece is ME Stucke and AP Grunes “Antitrust and the Marketplace of Ideas” (2001) 69 Antitrust Law Journal 249 (available here on SSRN), though Candeb’s is more elegantly theorised. Second, the major discussion of the “marketplace of ideas” as a concept is the powerfurl S Ingber “The Marketplace of Ideas: A Legitimizing Myth” (1984) 33 Duke Law Journal 1 (available here on Hein and here on JSTOR (subs req’d)) in which the language of antitrust economics (market failure, etc) is very much applied.

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