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Speech Lessons

Speech Lessons

What I described at the start of the book as modalities of constraint I have redescribed in this chapter as modalities of protection. While modalities of constraint can be used as swords against the individual (powers), modalities of protection can be used as shields (rights).

In principle we might think about how the four modalities protect speech, but I have focused here on architectures. Which architectures protect what speech? How does changing an architecture change the kind of speech being protected?

I have not tried to be comprehensive. But I have pushed for a view that addresses the relationship between architectures and speech globally and uses constitutional values to think not just about what is permitted given a particular architecture, but also about which architectures are permitted. Our real-space constitution should inform the values of our cyberspace constitution. At the least, it should constrain the state in its efforts to architect cyberspace in ways that are inconsistent with those values.

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