Keywords
criminal law; symposium; communications law; international law; first amendment
Abstract
It is troubling that courts treat administrative designations—specifically, both FTO determinations and information classification—as bootstraps by which to yank speech restrictions from the clutches of probing judicial scrutiny. This Article builds on existing scholarly critiques to identify and examine the common thread of national security bootstrapping that runs through both sets of cases. The hope is that in so doing, some greater light may be shed both on the cases themselves and, more broadly, on the costs and benefits of judicial deference to executive national security claims where civil rights and civil liberties are at stake.
Recommended Citation
Heidi Kitrosser,
Free Speech and National Security Bootstraps,
86 Fordham L. Rev. 509
(2017).
Available at: https://ir.lawnet.fordham.edu/flr/vol86/iss2/7
Included in
Communications Law Commons, Computer Law Commons, Constitutional Law Commons, Criminal Law Commons, First Amendment Commons, International Law Commons