Mini Review Open Access

How First Amendment Theories Will Need to Develop Post-COVID-19

Abstract

Theories aim to justify and grant clarity on court decisions regarding the First Amendment rights. However, the recent outbreak of COVID-19 and the spread of misinformation about health precaution behavior and the COVID-19 vaccine has shown flaws in First Amendment theories. The Democratic Process Theory, Self-Realization/Self-Fulfilment Theory, Marketplace Theory, Social Responsibility Theory (SRT), and the Gatekeeper Theory will be reviewed to determine how COVID-19 has impacted their development and has exposed flaws in their foundational principles. The deficiencies identified are data deficits, persuasion principles used by misinformation, gatekeeper’s self-regulation flaws, gatekeepers’ algorithms, professional privilege, and lack of separation from opinion and fact-based reports. This research concludes with recommendations for the development of the theories post-COVID-19. Questions that future research will need to address and answer regarding First Amendment theories post-COVID-19 are also presented.

Joseph Brickley*

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