
Chapter 19 Hate Speech & Repression:The Dark Side of the Web
Online Harassment • Substantial emotional distress • More than rudeness, spamming PgP BUSA331 Chapter 19
Email Spoofing • Fake email, using someone’s real email address • Wastes victim’s time, damages reputation PgP BUSA331 Chapter 19
Teenagers • Harass each other • Cyberbullying • Star Wars Kid • Ex friend’s photos PgP BUSA331 Chapter 19
Teen Harassment Results • Professional counseling • Seeking justice with dubious use of laws • Suicide PgP BUSA331 Chapter 19
Avoiding Harassment • Unfriend the person PgP BUSA331 Chapter 19
Unintentional Harassment • Photos in public places posted to social network going viral • Photoshopping of these photos PgP BUSA331 Chapter 19
Happy Slapping • Mobile phones to record physical assaults posted to internet • Teen agers in Europe began, now in US PgP BUSA331 Chapter 19
Hate Speech on the Internet • Denigrates or attempts to inflame public opinion against certain groups of people • Protected by 1st Amendment • Hate sites proliferating, fringe elements given huge voice • Revisionist history • Not protected if specific individual is targeted-becomes threat or intimidation PgP BUSA331 Chapter 19
Imminent Violence • Not Protected! • Anti-abortion web site targeted doctors, incited… • One doctor killed PgP BUSA331 Chapter 19
Student Hate Web Sites • Public schools must not prohibit content or viewpoint-1st Amendment-but could restrict computers to academic use only • Private schools can prohibit speech, not government agent PgP BUSA331 Chapter 19
Remedies to Hate Speech • Awards with huge $$ judgments • Filters? PgP BUSA331 Chapter 19
Hate Speech in Foreign Jurisdictions • Most other countries prohibit and criminalize it • US will not extradite someone violating foreign law on this • French law prohibited Yahoo! from auctioning Nazi items • US courts would not defy French law, price of doing international business PgP BUSA331 Chapter 19
Repression of Online Speech • Prior restraint by law is prohibited by 1st Amendment • Pentagon Papers, Daniel Ellsberg- publish it! • How to make an H-bomb PgP BUSA331 Chapter 19
Wikileaks • Whistleblower site for anonymity • Cayman island bank injunction result in site shutdown, injunction removed after heavy criticism PgP BUSA331 Chapter 19
Irate People • RateMyCop.com • William Sheehan’s gripe site against credit agency • Vermont divorce-husband disparaging fictional comments • CA realtors law restricting advertising struck down as arbitrary PgP BUSA331 Chapter 19
Foreign Courts • Canadian court gag orders, but US reporter immune • South Korean bans North Korean university site PgP BUSA331 Chapter 19
Web Speech Under Totalitarianism • Blocking and filtering used in 20 countries • Communist China • 40,000 human censors • Bloggers are a big concern • Self-discipline pact to stop harm to national security • Vietnam-internet cafes must inform on customers • Bahrain-web sites must register with government • Morocco-cannot disrespect the king, viewed broadly PgP BUSA331 Chapter 19