Chapter 5 - Freedom of Expression 1

Chapter 5

Freedom of Expression

Chapter 5 - Freedom of Expression 2

Chapter 5 - Objectives

1. Discuss the legal basis for the protection of our freedom of speech.

2. Describe the basis for the importance of anonymous Internet expression.

3. Identify key freedom of speech issues.

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First Amendment Rights • Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

• Canadian aspects and Links; Criminal Code – libel, obscenity, child pornography, hate propaganda

• FOS Links "Freedom of opinion can only exist when the government thinks itself secure." --Bertrand Russell (1872 - 1970)

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Obscene SpeechMiller vs. California

Case that established if material is obscene

1. Would the average person find that the work appeals to the prurient interest?

2. Does the work depict or describe in an offensive way, sexual conduct specifically defined by the applicable state law?

3. Does the work lack serious literary, artistic, political, or scientific value?

What’s Obscene in Canada?

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Terms

• Defamation is the publication of a statement of alleged fact which is false and which harms another person.

• Slander is an oral defamatory statement.

• Libel is a written defamatory statement.

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Freedom of Expression • Information technology has

provided amazing new ways to communicate with people around the world.

• Individuals must make ethical decisions in regards to how they will use this freedom of expression.

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Communications Decency Act

• Became law in 1996.• Purpose was to allow free

competition among phone, cable, and TV companies.

• Also sought to protect children from online pornography. (Canada)

• Supreme Court ruled the law unconstitutional.

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Internet Filtering • Parents may install filters on their

children's computer to prevent them from viewing sites that contain objectionable material. – Net Nanny– Cybersitter– Cyber Patrol– SurfGuard– SurfWatch– HateFilter

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ICRA • Internet Content Rating Association

(ICRA) is a non-profit organization that strives to enable the public to make informed decisions about electronic media through the open and objective labeling of content. – AOL– IBM– Microsoft– Bell South

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Children’s Internet Protection Act

• In December 2000, Congress passed the Children’s Internet Protection Act that requires federally financed schools and libraries to use some form of technology to block access to obscene materials to minors. – Canada

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Anonymity

• Anonymous expression allows you to state your opinions without revealing your identity.

• Anonymous expression played an important role in the early formation of the United States.

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Freedom of Expression

• Maintaining anonymity on the Internet is important to some users.

• Anonymous remailer is a computer program that strips the originating address from the message.

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Safeguarding Anonymous Identity

• “John Doe” lawsuit - protects the identity of individuals on the Internet.

• In 2001, a California superior court judge ruled in favor of protecting the identity of two individuals citing the First Amendment protection of anonymous speech.

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Defamation and Hate Speech• In the U.S., Internet “speech” that

is merely annoying, critical, demeaning, or offensive enjoys protection under the First Amendment.

• Legal recourse can happen only when hate speech turns into clear threats and intimidation.

• Canada; Canadian Human Rights Act

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Hate Speech• Most other countries do not

provide constitutional protection for hate speech.

• A U.S. citizen who posts material on the Internet that is illegal in a foreign country can be prosecuted if that person visits that country.

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Pornography• The Internet has been a boom to

the pornography industry.• One in four Americans visit a web

sex site once a month > sports sites!

• Forrester Research estimates that sex sites on the Web generate at least $1 billion in revenue each year.

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Pornography

• U.S. organizations exercise great care in how they deal with the issue of pornography in the work place.

• Many companies have a usage policy that prohibits access to porn sites.

• There are numerous Federal laws addressing child pornography.

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Summary

•First Amendment protects our right to freedom of religion and freedom of expression.

•The Internet enables worldwide exchange of information.

• Canadian Human Rights Commission

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Summary • In the U.S., Internet speech that is

merely annoying, critical, demeaning, or offensive enjoys protection under the First Amendment.

• Legal recourse is possible only when hate speech turns into clear threats and intimidation.

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Case 1 - The Electronic Frontier Foundation (EFF)

• Founded in 1990, is a non-profit, non-partisan organization whose goal is to protect fundamental civil liberties related to technology, including privacy and freedom of expression on the Internet.

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Case 2 - SurfControl

• SurfControl develops software products that filter Internet and e-mail use.

• Its goal was to encourage responsible Internet usage by reporting employees’ Internet use.