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Navigating Tech Challenges to Free Speech: The Impact of New Technologies on Regulation

As technology evolves, it continually tests the boundaries of existing regulatory frameworks. From the print era to the internet age, each advancement has reshaped our perceptions of truth and free speech. Landmark cases like FCC v. Pacifica Foundation and ACLU v. Reno illustrate the ongoing battle to define internet speech, highlighting the complex relationship between technology and First Amendment rights. Key issues such as indecency, online privacy, and the lack of gatekeepers pose unique challenges. This discussion sheds light on why the internet remains a distinct entity in free speech discourse.

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Navigating Tech Challenges to Free Speech: The Impact of New Technologies on Regulation

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Presentation Transcript

  1. Thinking about tech challenges to free speech • New technologies always challenge old regulatory regimes—print, telegraph, telephone, radio, internet • Why is it important? Neil Postman—the dominant technology in an age has a profound influence on what passes for Truth in that age… • Indecency hits the airwaves—FCC v. Pacifica Foundation (1978)--pervasiveness, obscenity, broadcast regulation

  2. Technology Cases • ACLU v. Reno I--June 1997, 7-2, found CDA unconstitutional, internet is like print • States attempt to control the internet • American Library Assoc. v. Pataki--NY suit, nearly identical to CDA • ACLU v. Miller--tried to ban anonymous speech on the web, unconstitutional • ACLU v. Reno II--June 1998, 3-0 Circuit Court ruling, Child Online Protection Act is unconstitutional, imposes burden on speech protected for adults

  3. Why is the Internet Different? • Infinite number of information sources • Lack of gatekeepers • Parity among senders and receivers • Extraordinarily low cost • Jurisdictional problems

  4. Technology and the First Amendment • The naïve view--the Internet as the flowering of the marketplace of idea • First amendment concerns • Pornography (Rimm study, CDA, COPA) • Privacy Issues (kids and cookies) • Spam--unsolicited mass email • what about controls on non-commercial email? Hamidi v. Intel • Library access and filtering (TN solution)

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