Williams 1

Imani Williams

UWRT 1102-009

Professor Quitadamo

5/2/2017

Is there such a thing as too little or too much censorship?

A Paper on Freedom of Speech in the US and China.

Freedom of speech is defined as having the right to express any opinions without

censorship or restraint. Today the big argument concerning freedom of speech is censorship, (is it

censored enough? Does it infringe upon our rights? What is too little or too much censorship?)

This paper will focus on freedom of speech by evaluating where the line is drawn with

censorship in the United States and globally.

Throughout history, freedom of speech was not easily obtained and the United States did

not always value freedom of speech. Freedom of speech has been an idea that has been

challenged throughout American history during wars and cultural difficulties (Head, 2017). In

the 1700s, the first forms of freedom of speech includes the Bill of Rights which is the first ten

amendments to the US constitution that lays out the rights for all US citizens. Some of the rights

included in the Bill of Rights are, but are not limited to, freedom of speech, press and assembly

as stated in the first amendment. During the early years of American history, our rights as

citizens were challenged and some were more censored than others to push the governments

agenda. In 1798, John Adams tried to pass a law that would limit our freedom to speak out
 Williams 2

against the president mainly because he wanted to win the election against Thomas Jefferson

(Head, 2017). Another example of how our rights as citizens have been infringed upon during

early American history is the Comstock Act of 1873 which allowed the post office to censor

mail that may have contained obscene, lewd, and lascivious materials, which in that time period

meant contraception (Head, 2017). In America and throughout the globe the means by which we

communicate have changed and is continuously changing. In early US history, the telegraph was

used to communicate back and forth. But now in modern times, many Americans communicate

via the internet.

The internet is still a new idea and there are not many restrictions on freedom of speech

in the United States. Many people across the country argue that there needs to be some type of

restrictions on the internet, while others feel that freedom of speech should be protected on the

internet. The United States Supreme Court agrees with the latter argument, ruling that, The

government cannot restrict a persons access to words or images on the internet than it can snatch

a book out of someones hands, in the Reno vs. American Civil Liberties Union case (ACLU,

n.d.). With the above ruling, the US government agrees with those who argue freedom of speech

should be protected on the internet.

Across the globe, many citizens are not afforded with government officials who value the

right of ones freedom of speech. In China, freedom of speech is very limited; many of the

common websites such as Facebook and Twitter are banned from use for the citizens.

(Brammon,OConner,Smith 2012) Often times in China the government blocks the IP addresses

of foreign websites to restrict the citizens from viewing information. Also, the Chinese

government will utilize keyword filtering to censor what their citizens are searching and what

results pop up. The Chinese government then proceeds to delete posts that are posted online that
 Williams 3

are seen as a violation. This is drastically different than censorship as we know it in the United

States. In the US, censorship is mainly used block pornography and obscene materials to minors

(EPIC, 2002) not stopping their citizens from expressing their opinions.

In China, the government blocks information on the internet due to nine different reasons.

In China, speech is censored if it 1) is contrary to the basic principles that are laid down in the

Constitution, laws, or administration regulations; 2) spreads rumors or disrupts social order; 3)

propagates feudal superstitions; disseminates obscenity, pornography, or gambling; incites

violence, murder, or terror; instigates others to commit offences; 4) subverts state power or

sabotages the unity of the state; 5) publicly insults or defames others; (Liang, Lu, 2010) just to

name a few.

Although the effectiveness of Chinas censorship remains unknown, the government

places strict restraints on their network. Chinas government has divided their internet censorship

into three different forms of control, infrastructure, commercial and social use. The predominant

method of control at the infrastructure level is restriction of access to Internet information. (e.g.,

regulating access and content, monitoring Internet use) (Liang, Lu, 2010) The government

enforces this level of control by what they call the Golden Shield project. This projects helps

the government censor and control information domestically and globally and is still used today

(Liang, Lu, 2010).

The other way the Chinese government tries to control its people is by forcing business

owners to conform to the governments idea of censorship for social and commercial use (Liang,

Lu 2010). Many businesses disagree with Chinas strict censorship laws, but acknowledge that

China has a big market which could bring in big profits so the companies adjust to meet the

Chinese governments demands.

 Williams 4

Another way the Chinese government controls its citizens internet use is through passing

different legislation that monitor and control what people are searching on the internet. In China,

there is a series of different regulatory systems that monitor what you search online. When

someone posts online it goes through a series of filters that check for keywords that the

government think are a violation. If the filters pick up on certain words, then it will get flagged

for review and then ultimately deleted if it violates the previously stated censorship laws.

Although the Chinese government has many filters that search for keywords and help

maintain censorship there is still a way around it. In China, there is a small elite that use Virtual

Private Networks (VPNs) to be able to browse the internet as if they were in another country

(Denyer, 2016). VPNs work by allowing the user to encrypt traffic and circumvent censorship

and experience the internet as if they were in the United States (Denyer, 2016). VPNs exist at

the pleasure of the Chinese Communist Party said Nathan Freitas a developer of open source

software aimed at helping overcome online surveillance and censorship (Denyer, 2016).

Often times, when US Citizens hear censorship in countries like in China, they think that

Chinese citizens are oppressed. They feel that Chinese citizens are helpless. But on the contrary

many Chinese citizens are unaware about the censorship. When 27- year- old Wan Jen Fu goes to

an internet caf to look up a book online, she mentions that the website may not pull up. She

admitted to thinking, Maybe the connection is not good or that it was reset (NPR, 2008). The

Chinese government makes the censorship look so natural that their citizens do not even stop to

think otherwise. Despite this blatant censorship, many Chinese citizens feel that government

involvement on the internet is necessary. You know, maybe in an ideal world, everyone will be

able to say what they wanted to. But realistically, when there's confusion on the Internet, it can

harm social stability said Jong Ju in an interview about internet censorship in China (NPR,
 Williams 5

2008). This view on government control on the internet is very common in China with almost 85

percent of those surveyed say they think the government should be responsible for controlling

the Internet (NPR, 2008). That information is according to a poll taken in China in 2008.

Although the majority of Chinese Citizens feel that there needs to be government control there

are still a few that oppose such censorship like Yu Jia who is a Chinese government critic and a

writer. Jia feels that most Chinese citizens are too busy enjoying the internet they have rather

than thinking of the internet they do not have (NPR, 2008). A lot can be said about that quote

such as having some access to internet is better than having none, possible the Chinese

government is feeding their people breadcrumbs and keeping them appeased by providing them

with some internet and maybe distracting them from something bigger that may be going on.

While for most Americans, living in Chinas internet censorship seems unfathomable.

But freedom of speech in the United States is not absolute. There are restrictions in the everyday

life for Americans some as minuscule as not being a loud to shout Fire in a movie theater and

something as immense as defamation. Defamation is defined as false or unjustified injury of the

good reputation of another, as by slander or libel. The 1988 Jerry Falwell vs. Larry Flynt Court

case is a widely publicized case on defamation that tested how far one can go with their first

amendment rights. In the case, Jerry Falwell sued Larry Flynt because Flynt ran a satirical ad that

suggested Falwell had an incestuous sexual relationship with his mother. In court Flynt claimed

that the ad was clearly satirical because the events were unbelievable because Falwell is a

religious leader known for his stances on anti-gay, anti-interracial relationships and anti-

abortion. Flynt claims that he and his team picked Falwell because they believed it would be

obvious that it was a joke because it is known that he would never do that. Falwell felt the ad

caused him emotional distress. This case made it all the way to the US. Supreme Court. The
 Williams 6

Supreme court ruled in favor of Larry Flynt with Supreme Court Chief Justice Rehnquist stating,

At the heart of the First Amendment is the recognition of the fundamental importance of the

free flow of ideas and opinions on matters of public interest and concern...[I]n the world of

debate about public affairs, many things done with motives that are less than admirable are

protected by the First Amendment... (Linder, N.D.). By the Supreme courts ruling in this case it

signifies that someone can publicly talk about someone else in a negative way and say some

unlikely things without worry about legal consequences. I feel this not only supports freedom of

speech is also allows for fake news to happen more easily which is not a good thing.

The Falwell vs. Flynt case is also an important case because to my naysayers of freedom

of speech they may say that this case granted too much freedom of speech because it allows for

negative public comments to be made about someone without the ability of legal action. Many

naysayers of freedom of speech feel that their needs to be more restrictions on first amendment

rights because they feel it allows for bullying to take place or for uncomfortable interactions with

strangers such as public preaching.

Now my opinion is on the contrary, I feel that freedom of speech needs to be protected

completely online and elsewhere. Unfortunately, in this world you either have freedom of speech

or you dont there are no shades of grey. Although China is doing a great job financially and

educationally and that their citizens seem to be unbothered by censorship, I feel that I value

having my voice and being able to speak out against what I feel is wrong. Ultimately I feel that

you are able to think more and form your own opinions when you have freedom of speech rather

than just following what you are told.

My concluding thoughts on this topic are that freedom of speech is something that should

be given to every individual on this earth. No matter where you live you should have the
 Williams 7

opportunity to express your opinions freely. Growing up in the United States, I often take my

first amendment rights for granted but after further research I have gained a new appreciation for

my freedom of speech. Being able to protest, have debates and speak out against others when I

feel Ive been wronged is so valuable.

 Williams 8

Works Cited

ACLU. Internet Speech ACLU.org Digital, n.d. Web. 3 May. 2017.

Bamman, David., OConner, Brendan., Smith, Noah. Censorship and Deletion practices in

Chinese Social Media. First Monday. Digital, 5 March. 2012. Web. 3 May. 2017.

Denyer, Simon. Chinas scary lesson to the world: Censoring the Internet works The

Washington Post. Digital, 23 May. 2016. Web. 3 May. 2017.

EPIC. Free Speech Epic.org. Digital, 8 Aug. 2002. Web. 3 May. 2017.

Head, Tom. Freedom of Speech in the United States ThoughtCo. Digital, 20 Feb. 2017. Web. 3

May. 2017.

Liang, Bin., Lu, Hong. Internet Development, Censorship, and Cyber Crimes in China SAGE.

n.d. Jstor Web. 3 May. 2017.

Linder, Douglas O. The Jerry Falwell v Larry Flynt Trial: An Account Famous Trials. Digital,

n.d. Web. 3 May. 2017.

NPR. How Do Chinese Citizens Feel About Censorship? NPR Digital, 12 July. 2008. Web. 3

May. 2017.