Falsely Shouting Fire in a Global Theater: Emerging Complexities of Transborder Expression
This Article examines the First Amendment complexities associated with the dissemination of potentially harmful information in the global theater. These complexities include global dissemination of offensive expression, incitement to unlawful activities abroad, enemy-aiding expression that crosses territorial borders, and global free press concerns. The author argues that traditional First Amendment doctrines and principles ought generally to apply in the global theater. Reliance on marketplace and self-governance principles, application of speech-protective incitement standards, and continued support for an expansive and robust conception of press freedoms will preserve transborder First Amendment liberties in the digital era and allow the global theater to develop and mature. The author urges government officials not to react to potentially dangerous global theater expression by adopting new restrictions on transborder expressive and associational activities; creating new criminal offenses that inhibit transborder information flow; establishing broad penalties relating to transborder commingling and association; resorting to extrajudicial and potentially extralegal penalties for dangerous speakers; or imposing new limits on press freedoms.
Falsely Shouting Fire in a Global Theater: Emerging Complexities of Transborder Expression,
65 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol65/iss1/3