Under The New Media Field Market Law Philosophy Thinking

In the philosophy of western communications law, "marketplace of ideas" is a very important theory and ideology. This concept was first raised in 1919 by Oliver Wendell Holmes, a grand justice of United States, in the case of Abrams v. United States. It is also related to the tradition of western philosophy’s thought, which has the basis point that "freedom of expression" is a natural rights.In the 20th century, the development of mass media changed market structure, the theory was under severe challenges, and then a theory model called "market failure" came into being. To ensure the realization of free speech, the public’s positive "rights of access to media" was put forward. However, till the age of Web2.0 came, the wide use of micrologs, blogs, forums and other new social network media made the rights significant essentially.Even greater significance is that a thoroughly free competing market of opinion is growing, which "marketplace of ideas" theory is longing for in the past century. Although the future is difficult to be predicted, although the new media age is still facing problems such as digital divide, information filter and other obstacles, we do have reason to believe, the "marketplace of ideas" theory will show its bran-new power in the new media field.This paper discusses the practical significance of the influences and changes in "marketplace of ideas", through the exploration of the theory, the impact from the new media field, and explains in detail by the analysis of micrologs. It is rather important and urgent to establish a perfect legal system, especially for rapidly growing China, to ensure the marketplace of ideas healthy, rational, and develop in balance.