The Illegal Process: Basic Problems in the Making and Application of Censorship
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This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet materia." 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.
James Grimmelmann,The Illegal Process: Basic Problems in the Making and Application of Censorship, 79 U. Chi L. Rev. Dialogue 58 (2013)