Hacking speech: Informational speech and the first amendment

Research output: Contribution to journalArticle

4 Citations (Scopus)

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 languageEnglish (US)
Pages (from-to)795-846
Number of pages52
JournalNorthwestern University Law Review
Volume107
Issue number2
StatePublished - May 17 2013

Fingerprint

amendment
Criminality
doctrine
Supreme Court
vulnerability
offense

All Science Journal Classification (ASJC) codes

  • Law

Cite this

@article{cfed80f756c44c83801fe1e02adfe80f,
title = "Hacking speech: Informational speech and the first amendment",
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.",
author = "Andrea Matwyshyn",
year = "2013",
month = "5",
day = "17",
language = "English (US)",
volume = "107",
pages = "795--846",
journal = "Northwestern University Law Review",
issn = "0029-3571",
publisher = "University of Illinois Press",
number = "2",

}

Hacking speech : Informational speech and the first amendment. / Matwyshyn, Andrea.

In: Northwestern University Law Review, Vol. 107, No. 2, 17.05.2013, p. 795-846.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Hacking speech

T2 - Informational speech and the first amendment

AU - Matwyshyn, Andrea

PY - 2013/5/17

Y1 - 2013/5/17

N2 - 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.

AB - 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.

UR - http://www.scopus.com/inward/record.url?scp=84877693702&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84877693702&partnerID=8YFLogxK

M3 - Article

AN - SCOPUS:84877693702

VL - 107

SP - 795

EP - 846

JO - Northwestern University Law Review

JF - Northwestern University Law Review

SN - 0029-3571

IS - 2

ER -