Current Research Agenda: The negative understanding of the marketplace of ideas theory:
The topic of my Ph.D. dissertation relates to the negative treatment of the Marketplace of Ideas theory in Free Speech. The metaphor used to define the protection of any opinion, as the way in which the market works, also leads to what this understood as a “market failure.” For that reason, three of the recent papers I have been working during this past year relate to the value of lies, misleading information and fake news, hate speech. Also in this category, the US Supreme Court has included the regulation of broadcasting media, and its rationale of the scarcity of the spectrum and the greater impact in the population.
Recent conference papers and publications (2016-2017)
S Zarate, “The Constitutional Value of Falsehoods and Misleading Messages in Social Media.” In Cetina Presuel, Rodrigo and Corredoira y Alfonso, Loreto and Gutiérrez Atala (eds.) Cross-border Journalism and Human Dignity, Madrid, 2017.
S Zarate, A Vining and Stephanie McNeff “Fake News and The First Amendment: Reconciling a Disconnect Between Theory and Doctrine.” Top student paper award in the AEJMC Law division, National Annual Conference, Chicago 2017.
A Vining and S Zarate “Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting Out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA.” Top student paper award in the AEJMC Law division, Southeast Colloquium 2017.
C Calvert, A Vining and S Zarate “Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting Out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA,” SMU Law Review (forthcoming, June 2017)
S Zarate, “Between a Neutral and Pluralist Environment: Hate Speech in the Supreme Court and the European Court of Human Rights.” To be presented in the “IAMCR Annual Conference,” Cartagena, Colombia– July 2017.
S Zarate “Pluralismo en el sistema informativo” [‘Media pluralism’], Serie Temas de Agenda Pública, Centro UC de Políticas Públicas, Santiago 2016.