Americans today face an age of information overload. With the evolution of Media 3.0, the internet, and the rise of Media 3.5—i.e., social media—relatively new communication technologies present pressing challenges for the First Amendment in American society. Twentieth century law defined freedom of expression, but in an information-limited world. By contrast, the twenty-first century is seeing the emergence of a world that is overloaded with information, largely shaped by an “unintentional press”—social media. Americans today rely on just a small concentration of private technology powerhouses exercising both economic and social influence over American society. This raises questions about censorship, access, and misinformation. While the First Amendment protects speech from government censorship only, First Amendment ideology is largely ingrained across American culture, including on social media. Technological advances arguably have made entry into the marketplace of ideas—a fundamental First Amendment doctrine—more accessible, but also more problematic for the average American, increasing his/her potential exposure to misinformation. <br/><br/>This thesis uses political and judicial frameworks to evaluate modern misinformation trends, social media platforms and current misinformation efforts, against the background of two misinformation accelerants in 2020, the COVID-19 pandemic and U.S. presidential election. Throughout history, times of hardship and intense fear have contributed to the shaping of First Amendment jurisprudence. Thus, this thesis looks at how fear can intensify the spread of misinformation and influence free speech values. Extensive research was conducted to provide the historical context behind relevant modern literature. This thesis then concludes with three solutions to misinformation that are supported by critical American free speech theory.

Releasing music 20 years ago looks a lot different than releasing music today, and it is still ever-changing. Artists can make music in their bedrooms and release it independently by simply uploading it online. These artists can use social media to market their music themselves. But with it being so easy for new and small artists to put out a song it begs the question: in this customer era of marketing, how can new and small artists use co-creational marketing strategies, such as themes of nostalgia and hidden messages, to differentiate themselves? This project seeks to answer that question. In this partial creative project and partial research project, I tasked myself with writing and producing a song myself, then using that work to test these different marketing strategies. I distributed a survey where participants would listen to the song and then decide which of two visuals they preferred for a cover, merchandise item, and social media feed. Each set of visuals had one with a nostalgic theme and one that utilized hidden messages. This project discusses the importance of social media in an independent artist’s career and marketing efforts, as well as discusses customer-centric marketing and co-creation marketing strategies through nostalgia and hidden messages. I found success in a nostalgic strategy and interest in hidden messages. This research sets the stage for testing similar strategies by collaborating with other artists and their work in the hopes of creating guidance for independent artists when marketing their releases.