Freedom of Expression

1
Freedom of Expression
Prepared By Joseph Leung
2
Agenda

• Discuss the legal basis for the protection of our
  freedom of speech.
• Describe the basis for the importance of
  anonymous Internet expression.
• Identify key freedom of speech issues.

3
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.

4
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.

5
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.

6
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

7
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

8
Childrens Internet Protection Act

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

9
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.

10
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.

11
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.

12
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.

13
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.
  

14
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.

15
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.

16
Summary

• First Amendment protects our right to freedom of
  religion and freedom of expression.
• The Internet enables worldwide exchange of
  information.

17
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.

18
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.

19
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.