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13 Geo. J.L. & Pub. Pol'y 231 (2015)
Market Architecture: It's the How, Not the What

handle is hein.journals/geojlap13 and id is 237 raw text is: ARE THERE ANY ETHICAL LIMITS ON MARKETS? Market Architecture: It's the How, Not the What PETER MARTIN JAWORSKI* AND JASON BRENNANt REPUGNANT MARKETS ..................................... 231 DESIGNING THE MANNER ................................... 232 ELIZABETH ANDERSON'S SURROGACY MARKET .................... 233 THE MANNER OF EXCHANGE ................................. 236 IS OUR UNDERSTANDING OF A MARKET Too BROAD? ................ 238 THE OVERJUSTIFICATION EFFECT .............................. 239 TIME, PLACE, MANNER: WHAT THE RESEARCH SHOWS ............... 243 WHEN MONEY ISN'T MONEY ................................ 246 CONCLUSION . ........................................... 248 REPUGNANT MARKETS Many of us find certain kinds of speech repugnant or objectionable. For example, burning the U.S. flag as a protest or otherwise desecrating a venerated object rubs many of us the wrong way. Some publicly express sympathies with racist, sexist, and other unpopular beliefs. Some people make video games that are exceedingly violent and brutal. Nevertheless, despite our objections and our often shared feelings of repugnance, the Supreme Court has interpreted the First Amendment of the U.S. Constitution to protect the expression of this kind of political and expressive speech. In this sense, Americans have speech without limits when it comes to this category of speech. But while no restrictions on the content of political speech have passed legal muster, the Supreme Court has accepted restrictions on when, where, and how people can express themselves. These are known as time, place, and manner restrictions on speech.' You can burn the flag, but you can't do it in a way that would provoke a reasonable * Peter Martin Jaworski is Assistant Teaching Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University. t Jason Brennan is Associate Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University. © 2015, Peter Martin Jaworski and Jason Brennan. 1. For an early statement and discussion of time, place, and manner restrictions see Grayned v. The City of Rockford, 408 U.S. 104 (1972). 231

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