Free Speech

Citation: Anupam Chander, Uyen P. Le (2014) Free Speech. Iowa Law Review (RSS)
Internet Archive Scholar (search for fulltext): Free Speech
Download: http://ssrn.com/abstract=2320124
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Summary

Describes what the authors call "the First Amendment/Cyberlaw Dialectic: the First Amendment constituted cyberlaw, and cyberlaw in turn constituted free speech" realizing the free speech aimed for by the First Amendment and Sullivan (1960) -- not only uncensored by government or private intermediaries, but free/cheap/accessible.

Claims the First Amendment reveals itself as an "industrial policy" which "greases the economic engine" and describes some of the 1990s developments in the US which enabled this (CDA, DMCA, no stringent privacy law) and cases and actions to protect it (e.g., website protests).

Surveys threats to continued free speech including copyright criminalization, trade agreements mandating strict IP enforcement, right to be forgotten, and mass surveillance.