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
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: Suggested Citation