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This page considers 'murder manuals' in the US and elsewhere.
It covers -
It
complements discussion of online bomb-making
information and censorship
elsewhere on this site.
Eugene
Volokh commented that
It
may be appealing ... to categorically deny First Amendment
protection to murder manuals or to bomb-making information,
on the ground that the publishers know that the works
may help others commit crimes, and such knowing facilitation
of crime should be
constitutionally unprotected. But such a broad justification
would equally strip protection from newspaper articles
that mention copyright-infringing Web sites, academic
articles that discuss computer security bugs, and mimeographs
that report who is refusing to comply with a
boycott.
If one wants to protect the latter kinds of speech,
but not the contract murder manual, one must craft a
narrower rule that distinguishes different kinds of
crime-facilitating speech from each other. ... the rule
could distinguish speech that's intended to facilitate
crime from speech that
knowingly facilitates crime, though such a distinction
has its own problems.
studies
US literature regarding free speech, censorship, liability
and murder manuals includes Brian Holland's 2005 'Inherently
Dangerous: The Potential For An Internet-Specific Standard
Restricting Speech That Performs a Teaching Function'
in 39 University of San Francisco Law Review
(353-406), Eugene Volokh's 2005 'Crime Facilitating Speech'
in 57 Stanford Law Review 4 (201-307), Liezl
Pangilinan's 2005 'When A Nation Is At War: A Context
Dependent Theory of Free Speech For the Regulation of
Weapon Recipes' in 22 Cardozo Arts & Entertainment
Law Journal (683-721), Andrianna Kastanek's 2004
'From Hit Man To A Military Takeover of New York City:
The Evolving Effects of Rice v Paladin Enterprises on
Internet Censorship' in 99 Northwestern University
Law Review (383-440), Avital Zer-Ilan's 1997 'The
First Amendment and Murder Manuals: Rice v. Paladin Enterprises,
Inc' in 106 Yale Law Journal 8 (2697-2702), Bryan
Yeazel's 2002 'Bomb-making Manuals on the Internet' in
16 Notre Dame Journal of Law, Ethics and Public Policy
(279-306), Park Dietz' 1988 'Dangerous information: product
tampering and poisoning advice in revenge and murder manuals'
in 33 Journal of Forensic Science 5 (1206-1217),
Beth Fagan's 2000 'Rice v Paladin Enterprises: Why Hit
Man Is Beyond the Pale' in Chicago-Kent Law Review
(603-636), Lonn Weissblum's 2000 'Incitement to Violence
on the World Wide Web: Can Web Publishers Seek First Amendment
Refuge?' in 6 Michigan Telecommunication & Technology
Law Review (35-60) and Theresa Radwan's 1997 'How
Imminent is Imminent?: The Imminent Danger Test Applied
to Murder Manuals' in 8 Seton Hall Constitutional
Law Journal 47.
Works on markets and world views - such as Philip Lamy's
1992 Millennialism in the Mass Media: The Case of "Soldier
of Fortune" Magazine' in 31 Journal for the Scientific
Study of Religion 4 (408-424) - are highlighted in
the discussion of online chiliasm.
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