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Digital Speech and Democratic Culture: a Theory of Freedom of Expression for the Information Society
- J. Balkin
- Political Science
- 3 December 2003
This essay argues that digital technologies alter the social conditions of speech and therefore should change the focus of free speech theory from a Meiklejohnian or republican concern with…
Cultural Software: A Theory of Ideology
- J. Balkin
- Sociology
- 1998
In this book J. M. Balkin offers a strikingly original theory of cultural evolution, a theory that explains shared understandings, disagreement, and diversity within cultures. Drawing on many fields…
How Mass Media Simulate Political Transparency
- J. Balkin
- Political Science
- 1 October 1999
Abstract Without mass media, openness and accountability are impossible in contemporary democracies. Nevertheless, mass media can hinder political transparency as well as help it. Politicians and…
Virtual Liberty: Freedom to Design and Freedom to Play in Virtual Worlds
- J. Balkin
- Art
- 7 June 2004
Regulation of virtual worlds has become an important issue in cyberspace law as more and more people spend increasing amounts of their lives in these spaces. This essay discusses the basic questions…
The Constitution in the National Surveillance State
- J. Balkin
- Political Science
- 10 June 2008
During the last part of the twentieth century the United States began developing a new form of governance that features the collection, collation, and analysis of information about populations both…
The Constitution of Status
- J. Balkin
- Sociology, Political Science
- 1 June 1997
Democracies are societies. Behind the formal features of democratic selfgovernance-whether regular elections or majority rule-lie social organization and social structure. Like other societies,…
The Future of Free Expression in a Digital Age
- J. Balkin
- Political Science
- 29 January 2009
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First…
Old School/New School Speech Regulation
- J. Balkin
- Political Science
- 6 May 2014
In the early twenty-first century the digital infrastructure of communication has also become a central instrument for speech regulation and surveillance. The same forces that have democratized and…
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