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Digital Speech and Democratic Culture: a Theory of Freedom of Expression for the Information Society
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
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
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
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
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
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
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