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

14 Pages Posted: 21 Feb 2013 Last revised: 22 Jul 2013

Date Written: February 20, 2013

Abstract

This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet material." Bambauer's 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' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.

Keywords: censorship, filtering, Internet, legal process

JEL Classification: K00, K42

Suggested Citation

Grimmelmann, James, The Illegal Process: Basic Problems in the Making and Application of Censorship (February 20, 2013). University of Chicago Law Review Dialogue, Vol. 79, pp. 58-70, 2013; Georgetown Public Law Research Paper No. 13-022; NYLS Legal Studies Research Paper No. 12/13 #59; U of Maryland Legal Studies Research Paper No. 2013-24. Available at SSRN: https://ssrn.com/abstract=2221439

James Grimmelmann (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Cornell Tech ( email )

111 8th Avenue #302
New York, NY 10011
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
55
rank
363,898
Abstract Views
577
PlumX Metrics