hls, july 3, 2002. free speech regulate speech
Post on 19-Dec-2015
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<speech>
HLS, July 3, 2002
<1>
free speech
regulate speech
1st A
“Congress shall make no law … abridging the freedom of speech”
1st A
“Congress shall make not many laws … abridging the freedom of
speech, at least without a good reason.”
levels of scrutiny
levels of scrutiny
• content/viewpoint based: strict• content neutral: intermediate• neither: rb
default:heightened review
the gov’t must justify
<2>
Law
Market
Architecture
Norm
s
Law
Market
Architecture
Norm
s
Mill, On Liberty
Law
Market
Architecture
Norm
s
<3>
<histories>
inversions
technological inversions
(1)
“persons, houses, papers, and effects, against
unreasonable searches and seizures”
public
private
private
public
(2)
“Congress has the power … to regulate commerce
… among the several states”
inter
intra
intra
inter
first response: blinders
ultimate response: rebalance
</histories>
<argument I: less is more>
©
©
©circa1790
“map, chart, book or books”
“printing, reprinting, publishing and vending”
“fourteen years”
x2, if author lives
“if registered”
“if deposited”
13,000
<1,000
127
unregulated
freedom
to disnifyto counter-tell
to tinker
freedomto…
QuickTime™ and aSorenson Video 3 decompressorare needed to see this picture.
©circanow
(1)changing law
from“map, chart, book or
books”
to any creative work“reduced to a tangible
form”
from “printing, reprinting,
publishing and vending”
toany “copy”
from “fourteen years”
maybe x2
to “forever minus a day”
“whether or not registered”
“without deposit”
(2)changing technology
book
eBook
changing law+
changing code
regulatedcreativity
inversion
free
regulated
regulated
free
</argument I>
<argument II: more is less>
“gov’t is our friend”
ACLU: “censorship”
spam
stage 1: abuse
stage 2: response public?
ACLU: “censorship”
stage 3: response private
rbl
if you don’t live by our email policies,
your email will be dropped into a black hole
MIT v. HP
gilmore
stage 4: response public
spam law
1. If you send UCE, you must tag it.2. If you violate (1), then the first 5
people to track you down get $25,000.
regulation increases freedom