[Air-L] law papers on freedom of speech

[Scott MacLeod]

Thanks, Burcu and Dan,

I've added this to World University and School's beginning, "Academic
Freedom Studies," "Law," and "Free, Digital Society" wiki, subject pages
...
http://worlduniversity.wikia.com/wiki/Academic_Freedom_Studies#World_University_and_School_Links.
(WUaS
is like Wikipedia with MIT OCW, with free, online, C.C., MIT-centric,
university degrees planned).

Scott




On Thu, Jan 23, 2014 at 7:41 PM, Burcu Bakioglu <bbakiogl at gmail.com> wrote:

> Thanks for this Dan, this is really useful.
>
> BsB
>
>
> On Thu, Jan 23, 2014 at 9:30 PM, Dan L. Burk <dburk at uci.edu> wrote:
>
> > > Hi AoiR peeps,
> > > If I may bother you with one more request: Do any of you legal types
> have
> > > a
> > > legal paper to recommend on freedom of speech for my Internet
> Governance
> > > class? I have a couple at hand but I'm not convinced that they are the
> > > most
> > > current ones. As with everything Internet, even last year's paper could
> > be
> > > sometimes considered to be outdated and with governance you want to
> > > present
> > > the latest out there, i think...
> > >
> > > I remember a few legal scholars on the list, I just can't remember
> > exactly
> > > who they were, so apologies for a blanket call like this.
> > >
> > > Thank you in advance.
> > >
> > > BsB
> >
> > This is as current as it gets:
> >
> > +++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> >
> > "Old School/New School Speech Regulation"
> >      Harvard Law Review, Forthcoming
> >
> >   Contact:  JACK M. BALKIN
> >               Yale University - Law School
> >     Email:  jack.balkin at yale.edu
> > Auth-Page:  http://ssrn.com/author=293225
> >
> > Full Text:  http://ssrn.com/abstract=2377526
> >
> > ABSTRACT: In the early twenty-first century the digital
> > infrastructure of communication has also become a central
> > instrument for speech regulation and surveillance. The same
> > forces that have democratized and decentralized information
> > production have also generated new techniques for surveillance
> > and control of expression.
> >
> > “Old-school” speech regulation has traditionally relied on
> > criminal penalties, civil damages, and injunctions directed at
> > individual speakers and publishers to control and discipline
> > speech. These methods have hardly disappeared in the twenty-first
> > century. But now they are joined by “new-school” techniques,
> > which aim at digital networks and auxiliary services like search
> > engines, payment systems, and advertisers. For example, states
> > may engage in collateral censorship by threatening Internet
> > intermediaries with liability to induce them to block, limit, or
> > censor speech by other private parties.
> >
> > Public/private cooperation and co-optation is often crucial to
> > new-school techniques. Because the government often does not own
> > the infrastructure of free expression, it must rely on private
> > owners to assist in speech regulation and surveillance.
> > Governments may use a combination of carrots and sticks,
> > including offers of legal immunity in exchange for cooperation.
> > States may also employ the “soft power” of government influence.
> > Owners of private infrastructure, hoping to reduce legal
> > uncertainty and to ensure an uncomplicated business environment,
> > often have incentives to be helpful even without direct
> > government threats.
> >
> > Finally, governments have also devised new forms of digital prior
> > restraint. Many new-school techniques have effects similar to
> > prior restraints, even though they may not involve traditional
> > licensing schemes or judicial injunctions. Prior restraints are
> > especially important to the expansion of government surveillance
> > practices in the expanding National Surveillance State. Gag
> > orders directed at owners of private infrastructure are now
> > ubiquitous in the United States; they have become fully
> > normalized and bureaucratized elements of digital surveillance,
> > as routine as they are invisible, and largely isolated from
> > traditional first amendment protections.
> > ===================================================
> >
> > Regards, DLB
> >
> >
>
>
> --
> Thanks,
>
> Burcu S. Bakioglu, Ph.D.
> Postdoctoral Fellow in New Media
> Lawrence University
>
> http://www.palefirer.com
>
> -- "There is nothing more frightening than a clown after midnight." Lon
> Chaney
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