Chapter 5 Freedom of Expression

1. Chapter 5Freedom of Expression Chapter 5 - Freedom of Expression

2. Chapter 5 - Objectives • 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. Chapter 5 - Freedom of Expression

3. 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) Chapter 5 - Freedom of Expression

4. Obscene SpeechMiller vs. CaliforniaCase that established if material is obscene • Would the average person find that the work appeals to the prurient interest? • Does the work depict or describe in an offensive way, sexual conduct specifically defined by the applicable state law? • Does the work lack serious literary, artistic, political, or scientific value? What’s Obscene in Canada? Chapter 5 - Freedom of Expression

5. 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. Chapter 5 - Freedom of Expression

6. 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. Chapter 5 - Freedom of Expression

7. 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. Chapter 5 - Freedom of Expression

8. 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 Chapter 5 - Freedom of Expression

9. 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 Chapter 5 - Freedom of Expression

10. 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 Chapter 5 - Freedom of Expression

11. 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. Chapter 5 - Freedom of Expression

12. 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. Chapter 5 - Freedom of Expression

13. 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. Chapter 5 - Freedom of Expression

14. 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 Chapter 5 - Freedom of Expression

15. 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. Chapter 5 - Freedom of Expression

16. 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. Chapter 5 - Freedom of Expression

17. 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. Chapter 5 - Freedom of Expression

18. 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 Chapter 5 - Freedom of Expression

19. 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. Chapter 5 - Freedom of Expression

20. 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. Chapter 5 - Freedom of Expression

21. 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. Chapter 5 - Freedom of Expression