Computers, Privacy & the Constitution

Part One: Speech, Press, Assembly


Lawrence Lessig, Reading the Constitution in Cyberspace (pdf), 43 Emory L.J. (1996)

Potter Stewart, "Or of the Press" (pdf), 26 Hastings L.J. 631 (1975)

Jay Rosen, "Bloggers vs. Journalists is Over", PressThink, January 15, 2005

McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999)

Reno v. ACLU, 521 U.S. 844 (1997)

Tom Jackman, Va. Ban On Spam Is Ruled Unlawful, Washington Post, September 13, 2008.

Speech that induces unlawful conduct

Brandenburg v. Ohio, 395 U.S. 444 (1969)

Speech that provokes a hostile audience reaction

Feiner v. New York, 340 U.S. 315 (1951)

Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)

Speech that discloses confidential information

New York Times Co. v United States, 403 U.S. 713 (1971)

Kim Zetter, Cayman Islands Bank Gets Wikileaks Taken Offline in U.S., Wired, Feb 18, 2008

Bob Egelko, S.F. judge dissolves his Wikileaks injunction, Saturday, March 1, 2008

Maryanne Spoto, Blogger Seeks to Protect Sources, April 23, 2009


New York Times v. Sullivan, 376 U.S. 254 (1964)

Public fora

Hague v. CIO, 307 U.S. 496 (1939)

Tricia Bishop, Court rules to protect identities in online libel case, Baltimore Sun, Feb 28, 2009

Holder v. Humanitarian Law Project: "Material Support" provision of Patriot Act

Adam Liptak, Right to Free Speech Collides With Fight Against Terror, New York Times, Feb 10, 2010

The Center for Constitutional Rights Holder resource page

SCOTUSWiki's Holder resource page

DVD cases

Universal City Studios v. Reimerdes, 111 F. Supp. 2d 294 (S.D.N.Y. 2000)

Universal City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001)

Municipal Wi-Fi

Philadelphia's Municipal Wi-Fi Plan

Lobbyists try to kill Philly wireless plan, MSNBC News, Nov. 23, 2004

Declan McCullagh, Philly, Verizon reach accord on city Wi-Fi plan, C|Net, Dec. 1, 2004

Dianah Neff, Hands off our Wi-Fi network!, C|Net, Feb. 10, 2005

New America, Ethos Group, The Philadelphia Story: Lessons from a Municipal Wireless Pioneer (pdf),, Dec 11, 2007

Carol Ellison, Public Wi-Fi in Philadelphia gets public scrutiny, MuniWireless, Dec 11, 2007

Glen Goldman, Wireless Philadelphia Rejects Assertions of Ethos Group Publication, Wireless Philadelphia, Dec 11, 2007

Matt Hamblen, Philly eyes options if EarthLink abandons city Wi-Fi effort, Computerworld, Jan 29, 2008

The Current State of Wi-Fi Deployments

MuniWireless, Reports on Municipal Wireless and Broadband Projects

Lawrence Lessig, Why Your Broadband Sucks, Wired, March 2005

Robert Weisman, Hub sets citywide WiFi plan, Boston Globe, Jul 31, 2006

Olga Kharif, Top 10 Municipal Wi-Fi Plans, Business Week, Aug 17, 2006

Alternative Access Team, First year of Google WiFi, googleblog, Aug. 24, 2007

Matt Hamblen, Three Minutes With's Founder, Computerworld, Oct 13, 2007 (see also

Jason Lee Miller, Community Broadband Act To Reach Senate,, Oct 30, 2007 (more information on the act, inc. text of the act)

Vindu Goel, Wireless Silicon Valley getting little support, Mercury News, Nov 04, 2007 (Original article now gone, but see related article: Eric Bangeman, In the land where VC money flows, nary a drop for massive muni WiFi network Ars Technica, Nov 04 2007.)

Stephen Lawson, Wi-Fi Mesh Lights Up Mecca for Hajj, IDG/NYT, Dec 19, 2007

Michael Liedtke, Startup promises free wireless web in SF, Yahoo News, Jan 4, 2008

Jordan Miller, Downtown Ypsilanti gets wireless network, Ann Arbor News, Feb 10, 2008

Ian Urbina, Hopes for Wireless Cities Fade as Internet Providers Pull Out, New York Times, Mar 22, 2008

W. David Gardner, EarthLink To Shut Down New Orleans' Municipal Wi-Fi, Information Week, Apr 25, 2008

Steven Titch, Wireless Silicon Valley Plan Revived, Heartland Institute, May 1, 2008

FCC's National Broadband Plan, released on March 16, 2010 (link added by seminar student, 3/23/10)

Net Neutrality

Paul Kapustka, Verizon Says Google, Microsoft Should Pay For Internet Apps, Information Week, January 5, 2006

Jeremy Pelofsky, Broadband, content firms fight over Net neutrality, Reuters, February 7, 2006 (cached version, featuring full text and c. 1994 web page design)

Marguerite Reardon, Without 'Net neutrality,' will consumers pay twice?, C|Net News, February 7, 2006

Lawrence Lessig, Congress must keep broadband competition alive, Financial Times, Oct 18, 2006

David Meyer, BT says no to traffic shaping,, Apr 12, 2007

ScienceDaily, Net Neutrality: Undifferentiated Networks Would Require Significant Extra Capacity, Jul 1, 2007, (but see also commentary by ex-ATT engineer discussing some of the assumptions of this paper.)

Mike Masnick, Net Neutrality Debate Again Descends Into Shouting, Farce, Jul 3, 2007

Cade Metz, BitTorrent busts Comcast BitTorrent busting, The Register, Feb 19, 2008

Grant Gross, FCC: Comcast blocking was widespread, IDG News Service, Apr 22, 2008

David Kravets, D.C. Circuit rules against FCC's net neutrality regulatory authority, Wired, April 6, 2010 (link added by seminar student, 4/6/10)

Nate Anderson, How many Internet pirates are there, anyway?, Ars Technica, February 2011

Edward Wyatt, House Votes Against ‘Net Neutrality’, NY Times, April 8, 2011

Rory Cellan-Jones, Web creator's net neutrality fear, BBC, April 19, 2011

Lisa Greim, Does Anybody Still Give a #(^&! About Net Neutrality?, PCWorld, May 5, 2011

Grant Gross, FCC Chairman Defends Net Neutrality Rules, PC World, May 5, 2011


Jo Best, Gates reveals his 'magic solution' to spam, CNET, Jan 26, 2004

AOL, Yahoo Planning Postage Charges for Email, Consumer Affairs, February 5, 2006

Elinor Mills, Newsmaker: You've got (certified) mail!, C|Net News, February 13, 2006

Online Campaign Regulations

New FEC Regulation

Declan McCullagh, Election commission takes light touch with Net regs, C|Net News, March 24, 2006

Zachary A. Goldfarb & Thomas B. Edsall, Proposed FEC Rules Would Exempt Most Political Activity on Internet, Washington Post, March 25, 2006

Anne Broache, Feds approve liberal election rules for Net, C|Net News, March 27, 2006

AP, Net: A Political Free-for-All, Wired News, March 27, 2006

Vice Chairman Lenhard & Commissioner Weintraub, FEC Internet Rulemaking - Background and FAQ (pdf), Federal Election Commission, March 24, 2006

Draft of the Final Rule (pdf), Federal Election Commission, March 24, 2006

Amendments to the Final Rule (pdf), Federal Election Commission, March 27, 2006

For additional information, the complete rulemaking record is located here.

AFP Tokyo requests YouTube delete candidates' speeches, Apr 9, 2007

H.R. 1606 (the "Online Freedom of Speech Act") and H.R. 4900

Rep. Hensarling (R-TX), H.R. 1606, To amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from the definition of public communication, introduced April 13, 2005

Rep. Allen (D-ME), H.R. 4900, To amend the Federal Election Campaign Act of 1971 to exclude certain communications made over the Internet from certain requirements of such Act, and for other purposes, introduced March 8, 2006

CDT, Comparison of the Impact on Small Speakers of H.R. 1606 and H.R. 4900 (pdf), Center for Democracy and Technogloy, March 15, 2006

Leslie Harris & John Morris, Hensarling Bill Would Do Too Little, and Too Much (pdf), Center for Democracy and Technology, March 14, 2006

Various, Support for H.R. 4900; Opposition to H.R. 1606, Democracy 21, March 14, 2006

CDT, CDT Endorses Bill to Protect Political Speech Online, Center for Democracy and Technology, March 15, 2006

Kos, HR 1606, the debate, Daily Kos, March 15, 2006

Jerome Armstrong, HR 4900 doesn't look good for MyDD, My DD, March 18, 2006

CDT, CDT Commends FEC For Protecting Political Speakers, Center for Democracy and Technology, March 27, 2006

Various, Statement by Reform Groups on the Internet Regulation Adopted Today by the FEC, Democracy 21, March 27, 2006

Larry Lessig for Congress

Cory Doctorow, Draft Larry Lessig for Congress!, boingboing,February 18, 2008

Sarah Lai Stirland, Stanford Law Professor Larry Lessig Explores Bid for Congress, Wired Blog, February 19, 2008

Julian Sanchez, Lessig wants to build a "creative commons in Congress", Ars Technica, February 20, 2008

Declan McCullagh, Larry Lessig: I'm not running for Congress, C|Net, February 25, 2008



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r26 - 09 Apr 2016 - 22:06:57 - AlexanderGerten
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