The Friendly Guide to Internet Regulation: Prior Restraint

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Added a concept to The Friendly Guide to Internet Regulation: prior restraint

Every once in a while somebody proposes a law along the lines of "anybody who wants to talk about puppies will have to get an OK first," or "nobody will be allowed to talk about nuclear physics" (puppies and nuclear physics are interchangeable with any subject you can think of). The law maker might be well intentioned, saying that discussion of nuclear physics can lead to building a nuclear bomb. The problem is a discussion of nuclear physics can also lead to solving humanity's energy problems.

You can read the whole post at FriendlyToS.

2015-12-29 Update

FriendlyToS is no longer on the Internet. The content of the originally referenced post has been reproduced below.


Understanding why Internet regulations are the way that they are is confusing. So, FriendlyToS is creating The Friendly Guide to Regulating the Internet, a set of brief introductions to the most important concepts in Internet regulations. Today we add the final section to this guide - a discussion of how tricky national sovereignty can be online.

Prior Restraint

Every once in a while somebody proposes a law along the lines of "anybody who wants to talk about puppies will have to get an OK first," or "nobody will be allowed to talk about nuclear physics" (puppies and nuclear physics are interchangeable with any subject you can think of). The law maker might be well intentioned, saying that discussion of nuclear physics can lead to building a nuclear bomb. The problem is a discussion of nuclear physics can also lead to solving humanity's energy problems.

And those who speak ill of puppies without prior authorization shall be fined no more than $5000 and imprisoned for a maximum of 30 days

A discussion can go anywhere, and it is impossible to know ahead of time which direction every possible discussion will go. A law that is too willing to restrain speech can end technical innovations, democratic debates, and economic growth. For this reason, prior restraint is, generally speaking, REALLY REALLY BAD. And laws that include prior restraints are almost always, except under very special circumstances, unconstitutional.

Friendly Guide to Regulating the Internet, Internet Policy, Prior Restraint
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