Hacking speech: Informational speech and the first amendment

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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

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All Science Journal Classification (ASJC) codes

  • Law

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