<speech>
HLS, July 3, 2002
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
Law
Market
Architecture
Norm
s
Law
Market
Architecture
Norm
s
Law
Market
Architecture
Norm
s
technological inversions
“persons, houses, papers, and effects, against
unreasonable searches and seizures”
“Congress has the power … to regulate commerce
… among the several states”
first response: blinders
ultimate response: rebalance
<argument I: less is more>
“map, chart, book or books”
“printing, reprinting, publishing and vending”
x2, if author lives
freedom
to disnifyto counter-tell
to tinker
QuickTime™ and aSorenson Video 3 decompressorare needed to see this picture.
from“map, chart, book or
books”
to any creative work“reduced to a tangible
form”
from “printing, reprinting,
publishing and vending”
from “fourteen years”
maybe x2
to “forever minus a day”
“whether or not registered”
“without deposit”
(2)changing technology
changing law+
changing code
regulatedcreativity
<argument II: more is less>
“gov’t is our friend”
ACLU: “censorship”
stage 2: response public?
ACLU: “censorship”
stage 3: response private
if you don’t live by our email policies,
your email will be dropped into a black hole
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