When Law Frees Us to Speak

Jonathon Penney, Danielle Citron, Jon Penney

    Research output: Contribution to journalArticlepeer-review

    Abstract

    A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We present new empirical research showing cyber harassment law’s salutary effects on women’s online expression. We consider the implication of those findings for victims of sexual privacy invasions.

    Original languageCanadian English
    JournalArticles, Book Chapters, & Popular Press
    Publication statusPublished - Jan. 1 2019

    Keywords

    • Online Abuse
    • Cyber Harassment
    • Expressive Role Of Law
    • Online Engagement
    • Sexual Privacy
    • Expressive Theory
    • Cyber Civil Rights

    Disciplines

    • Human Rights Law
    • Internet Law
    • Law
    • Law and Gender
    • Law and Race
    • Law and Society
    • Legal Education
    • Privacy Law
    • Science and Technology Law
    • Sexuality and the Law

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