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The Illegal Process: Basic Problems in the Making and Application of Censorship

By James Grimmelmann

Abstract

This essay is a response to Derek Bambauer\u27s article Orwell\u27s Armchair, which proposes \u22[a] statute enabling censorship of Internet materia.\u22 Bambauer\u27s theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks\u27 The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it

Topics: filtering, censorship, speech, Internet Law
Publisher: DigitalCommons@UM Carey Law
Year: 2012
OAI identifier: oai:digitalcommons.law.umaryland.edu:fac_pubs-2302
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