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e-Speech Is Looking Like Free Speech With More Than Just Some Letters Missing

By ALM Staff | Law Journal Newsletters |
May 28, 2008
Recent court decisions, congressional legislation and foreign governmental self-help actions appear to be aimed at transforming the new millennium's icon of free speech ' the Internet ' into a source of semi-free speech.

On our own shores, a California court in February took prior restraint, an idea that is anathema to the First Amendment and against which the Supreme Court has many times ruled in instances of traditional ink-on-paper publishing, ordered an entire Web site to be shut down to prevent the publication of a disputed document.

On other shores ' where, of course, e-commerce interests typically practice business without impingement by physical geographical barriers ' a Pakistani agency used self-help technical means to disable an American Internet site to stop it from disseminating content.

Legislatively, during 2007, Congress introduced an unprecedented number of bills intended to impose mandates on, or limit access to, social networking sites for the specific purpose of restricting speech before it occurs.

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