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> If a site-blocking order is an available remedy, what analytical framework governs its use, and how must this framework account for the impact of such an orde
by dane-pgp 5y ago
> If a site-blocking order is an available remedy, what analytical framework governs its use, and how must this framework account for the impact of such an order on freedom of expression?
On the one hand, it's unreasonable to expect a court to specify a perfect algorithm for determining which sites can and can't be blocked, but on the other hand, the fact that such a dangerous remedy has been invented by the judicial branch, with no clear guidance from the legislature, suggests that the system needs to "fail open" by protecting fundamental rights, until the government can pass a law that gives some parameters to how this censorship power may be used.
- foerbert 5y agoI'm not sure how you read that as them asking for a literal algorithm (never mind a perfect one). They're talking to the courts, and they literally used the phrase "analytical framework." They're clearly asking for defined standards - who has the right to make such requests, what evidence do they need to provide, what actions can the court take in response, and how certain do they need to be in order to do so, etc. All basic ways the court does things, they're just asking for a set standard rather upfront rather than letting an organic hodgepodge form and then eventually congeal.