Speech Regulation by Proxy and its Transformation

Abstract

This paper discusses "speech regulation by proxy," in which governments enlist private actors as proxy censors, and the transformation of such regulation. In this paper, the author examines problems with regard to contemporary speech regulation by proxy and the control method of the new regulatory system, by comparing speech regulation by proxy in the 1950-60s and contemporary speech regulation by proxy on the Internet in the United States. Firstly, the author considers Seth Kreimer's article Censorship by Proxy and clarifies the implications in and limits of his discussion. Then, the author presents the differences in the circumstances, structures, and effect on free speech between speech regulation by proxy in the 1950-60s and contemporary speech regulation by proxy on the Internet, and considers new problems related thereto and doctrines that can meet these problems. This paper shows contemporary speech regulation by proxy on the Internet functions as prior restraint on speech, overly restricting the flow of information without transparency in certain circumstances.