First Amendment Architecture Online Symposium
Next week, the Stanford Technology Law Review is holding its “First Amendment Challenges in the Digital Age” conference in celebration of its 15th year anniversary. One of the panels will center on...
View ArticleSpeech and Spatiality
I too want to thank Danielle and Concurring Opinions for hosting this discussion. I think Marvin has addressed a really timely and important topic, speech spaces and architecture, in his forthcoming...
View ArticleOne more principle: Nondiscrimination
There is one principle that I would add to the five that Marvin examines in the article: nondiscrimination. It seems to me that across public and private, physical and virtual “space” contexts (and...
View ArticleFree Speech Architecture: Access for Diverse & Antagonistic Sources (#5)
In the previous posts, I argued that First Amendment precedent guarantees minimal access to certain essential speech spaces (like streets and parks) and permits government to pass laws opening...
View ArticleArchitectural Trusteeship
With regard to traditional public forum spaces, the Supreme Court has imposed certain duties on governments as “trustees.” These duties include a responsibility to ensure access to public parks,...
View ArticleFree Speech Architecture: Spaces for National & Local Speech (#6)
At our nation’s founding, the framers of the Constitution faced a formidable challenge: creating a national democracy that would bind together thirteen diverse and autonomous states spread over a large...
View ArticleDistinguishing Magarian’s “Ought” from Ammori’s “Ought”
Timothy Zick and Greg Magarian make some great points in their recent posts. For those unfamiliar with Zick or Magarian, they are two of the most important and insightful thinkers writing about the...
View ArticleFree Speech Architecture: Universal Access to Speech Spaces (#7)
So far I have discussed four principles concerning speech spaces (and Brett has added one). This is the fifth principle concerning speech spaces that I set out in my recent article. The First Amendment...
View Article(Government) Speech Spaces
In terms of free speech architecture, I think the developing “government speech” principle poses some important questions. Under this principle, some spaces are principally reserved for government...
View ArticleFree Speech Architecture – Responses
I am excited about the great points made so far here on Concurring Opinions, and want to again extend my thanks to Danielle and everyone who has participated. I’m speaking on the paper in a few hours,...
View ArticlePrivate Property and Public Speech
Marc, Zephyr, and Tim (as well as Derek) have presented a number of interesting insights and challenges in the past few days regarding our First Amendment Architecture symposium. On Friday, I debated...
View ArticleFree Speech Architecture: Normative Aspects (#8)
In seven posts (available here), I have set out the arguments in First Amendment Architecture. This post covers arguments made in the last 25 pages of that article, the normative and theoretical...
View ArticleA More or Less Ambitious Argument about First Amendment Architecture?
Thanks again to all who have participated in the online symposium on First Amendment Architecture and to Danielle Citron for inviting us on. For this likely last post, I discuss some thoughts on...
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