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Why Freedom of Speech Is More Than Speech:
Expressions in Media and Code

Why Freedom of Speech Is More Than Speech:
Expressions in Media and Code

Jennifer Petersen

April 18, 02017

In the first decade of the twentieth century US courts first considered whether image and gesture in silent films should be protected as free speech. It would take decades for the evolving art form to be fully recognized as fitting within First Amendment rights. A century later, computer programs and algorithms are making their appearances in Freedom of Speech cases. How will our culture and the law move forward on the question of whether machine actions "speak"?

By law “speech” once meant “words,” literally. The interactions of culture, technology and the law have over time broadened that definition and expanded protections to cover images and gestures. Dr. Jennifer Petersen of UVA and CASBS review that progression and looks toward the future of whether code will be considered as speech.

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