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Freedom of Expression

Prepared By

Joseph Leung

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Agenda

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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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. 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.

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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.

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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 site once a month.

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 porno 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.

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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.