Freedom of Expression

Prepared By

Joseph Leung
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Agenda
1.
2.
3.

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.

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.

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

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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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.
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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, nonpartisan 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.

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