There are four basic steps in most free speech analyses. The next several messages will describe these steps in more detail, but let us introduce them up front:
- as SOVEREIGN (passing general laws regulating people's conduct),
- as EMPLOYER (regulating what its employees can say, on or off the job),
- as PROPRIETOR (regulating what can be said on its property, including its computers),
- as K-12 EDUCATOR (regulating what public primary or secondary school students can say in school),
- as UNIVERSITY EDUCATOR (regulating what college or university students can say on campus), or
- as SUBSIDIZER or SPEAKER (paying for a certain kind of speech).
- in one of several *unprotected* categories (such as obscenity or threats),
- a few categories that get *intermediate protection* (such as commercial advertising),
- or has *full protection*.
Larry Lessig | David Post | Eugene Volokh |
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