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The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann
The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann
Cornell Law Faculty Publications
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.