Do Video Games Dream of Electric Speech?

Tim Wu had an interesting op-ed column in Wednesday’s New York Times: Free Speech for Computers? Wu’s op-ed is in part a response to a paper co-authored by Eugene Volokh, entitled “First Amendment Protection for Search Engine Search Results.” (See also Volokh’s response; criticism by Tim Lee and Julian Sanchez.) Volokh and his co-author, Donald Falk of Mayer Brown, argue that search results, for example those produced by Google (which commissioned the paper), should be treated as speech worthy of First Amendment protection. (Hail, Search King!) Wu argues that this argument threatens to “elevate our machines above ourselves” by “giv[ing] computers . . . rights intended for humans.” The purpose of the First Amendment, Wu writes, is “to protect actual humans against the evil of state censorship.” But computers don’t need that protection: “Socrates was a man who died for his views; computer programs are utilitarian instruments meant to serve us.” Wu concludes: “The line can be easily drawn: as a general rule, nonhuman or automated choices should not be granted the full protection of the First Amendment, and often should not be considered “speech” at all.”

This debate intrigues me, not so much for how it applies to Google (although that is interesting too), but for how it applies to video games.

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New Poll Results: Thompson Leads in US Senate Race

Former Gov. Tommy Thompson leads three other candidates in the race for the Republican nomination for the US Senate seat open in Wisconsin this year, according to results of the Marquette Law School Poll released on Wednesday. Thompson also drew more support than Democratic candidate Tammy Baldwin in a head-to-head trail heat.

But a quarter of people who said they plan to vote in the Aug. 14 Republican primary said they were undecided or didn’t know whom they would support, indicating that there is potential for substantial change before the election.

Among people who said they intended to vote in the Republican primary, 34% said they backed Thompson, with 16% supporting former Congressman Mark Neumann, 14% for Madison businessman Eric Hovde, and 10% for Assembly Speaker Jeff Fitzgerald.

In a Thompson-Baldwin match, Thompson was the choice of 49% of people in the poll, with Baldwin, a Democratic member of Congress from Madison, drawing 41%. In other head-to-head matches, Baldwin and Neumann tied at 44% each, and Baldwin led both Fitzgerald (45% to 39%) and Hovde (45% to 36%).

In an “On the Issues with Mike Gousha” session at Eckstein Hall, Charles Franklin, director of the Marquette Law School Poll, said that if it hadn’t been for the recall election for governor on June 5, the Senate race would have been one of the most fascinating elections in recent state politics. But the race drew little attention until now.

In another poll result, Democratic President Barack Obama was supported by 49% of likely voters in the November election, with Republican candidate Mitt Romney supported by 43%. In late May, the poll found Obama ahead 51% to 43%.

Full results of the poll may be found by clicking here. The conversation about poll results between Gousha, the Law School’s distinguished fellow in law and public policy, and Franklin, visiting professor in law and public policy, may be found by clicking here.

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Muppet Theory

I just heard Dahlia Lithwick over the weekend on NPR describing her new theory of the world — Muppet Theory — and I am convinced that this could usefully explain much of the legal system as well.  Lithwick, a writer for Slate Magazine and Newsweek, has divided the world into Berts and Ernies.  As she outlines in her article on Slate,

Every one of us is either a Chaos Muppet or an Order Muppet.  Chaos Muppets are out-of-control, emotional, volatile. They tend toward the blue and fuzzy. They make their way through life in a swirling maelstrom of food crumbs, small flaming objects, and the letter C. Cookie Monster, Ernie, Grover, Gonzo, Dr. Bunsen Honeydew and—paradigmatically—Animal, are all Chaos Muppets. Zelda Fitzgerald was a Chaos Muppet. So, I must tell you, is Justice Stephen Breyer.  Order Muppets—and I’m thinking about Bert, Scooter, Sam the Eagle, Kermit the Frog, and the blue guy who is perennially harassed by Grover at restaurants (the Order Muppet Everyman)—tend to be neurotic, highly regimented, averse to surprises and may sport monstrously large eyebrows. They sometimes resent the responsibility of the world weighing on their felt shoulders, but they secretly revel in the knowledge that theykeep the show running. Your first grade teacher was probably an Order Muppet. So is Chief Justice John Roberts. It’s not that any one type of Muppet is inherently better than the other. (Order Muppets do seem to attract the ladies, but then Chaos Muppets collect the chicken harems.) It’s simply the case that the key to a happy marriage, a well-functioning family, and a productive place of work lies in carefully calibrating the ratio of Chaos Muppets to Order Muppets within any closed system. That, and always letting the Chaos Muppets do the driving.

So, how could we apply Muppet Theory to dispute resolution? 

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