Chapter 5Freedom of Expression

VIGNETTE

China Stifles Online Dissent

In 1995, the government of the People’s Republic of China established the country’s first service provider (ISP).

China Stifles Online Dissent

The decision reflected two conflicting needs. On the one hand, China’s drive toward economic globalization requires adoption of Western technologies that allow Chinese companies to market themselves to the West.

China Stifles Online Dissent

On the other hand, the Communist Party’s hold over the country rests on suppressing freedom of the press and freedom of expression. The party thus decided to introduce a government-controlled internet, often referred to as the “Great Firewall of China.”

First Amendment Rights

The internet enables a worldwide exchange of news, ideas, opinions, rumors, and information. Its broad accessibility, open-minded discussions, and anonymity make the Internet an ideal communications medium.

First Amendment Rights

It provides an easy and inexpensive way for a speaker to send a message indiscriminately to a large audience, potentially thousands of people worldwide.

Freedom of Expression: KEY ISSUES

Controlling Access to Information on the

InternetAdvocates of free speech acknowledge the need to restrict children’s access, but it is difficult to restrict Internet access by children without also restricting access by adults.

The Communications Decency Act (CDA)

The Telecommunications Deregulation and Reform Act became law in 1996. Its purpose was to allow freer competition among phone, cable, and TV companies. Embedded in the Telecommunications Act

The Communications Decency Act (CDA)

was the Communications Decency Act (CDA), aimed at protecting children from online pornography. The CDA imposed $250,000 fines and prison terms of up two years the transmission of “indecent” material over the internet

The Child Online Protection Act (COPA)

In October 1998, the Child One Protection Act (COPA) was signed into law. The law states that “whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of World Wide Web,

The Child Online Protection Act (COPA)

makes any communication for commercial purpose that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more thatn 6 months or both.

Internet Filtering

An Internet Filter is software that can be installed with a Web browser to block access to certain Web sites that contain inappropriate or offensive material.

Anonymity

The principle of anonymous expression allows people to state their opinions without revealing their identity. The freedom to express an opinion without fear of reprisal is an important right of democratic society.

John Doe Lawsuits

Business must protect against the public expression of opinions that might hurt their reputations and the public sharing confidential information.

National Security Letter (NSL)

Requires financial institution to turn over electronics records about the finances, telephone calls, e-mail, and other personal information of suspected terrorist or spies.

Defamation and Hate Speech

Legal recourse is possible only when hate speech turns into clear threats and intimidation against specific citizens. Persistent or malicious harassment aimed at a specific person can be persecuted under the Law.

Pornography

Many adults and free-speech advocates believe that nothing is illegal or wrong about purchasing pornographic material made for and by consenting adults. They argue the First Amendment protect such material.

Pornography

On the other hand, most parents, educators, and other child advocates are upset by the thought of children viewing pornography.