Censorship, Filtering, Derek Bambauer, Orwell's Armchair
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.
James Grimmelmann, "The Illegal Process: Basic Problems in the Making and Application of Censorship," 79 University of Chicago Law Review Dialogue 58 (2013)