Abstract
The Supreme Court has never articulated the extent of First Amendment protection for instructional or "informational" speech-factual speech that may be repurposed for crime. As technology advances and traditional modes of speech become intertwined with code speech, crafting a doctrine that expressly addresses the First Amendment limits of protection for informational speech becomes pressing. Using the case study of "vulnerability speech"-speech that identifies a potentially critical flaw in a technological system but may indirectly facilitate criminality-this Article proposes a four-part "repurposed speech scale" for crafting the outer boundaries of First Amendment protection for informational speech.
Original language | English (US) |
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Pages (from-to) | 795-846 |
Number of pages | 52 |
Journal | Northwestern University Law Review |
Volume | 107 |
Issue number | 2 |
State | Published - May 17 2013 |
All Science Journal Classification (ASJC) codes
- Law