Chapter 5

Freedom of Expression

Chapter 5 - Freedom of Expression

Chapter 5 - Objectives
1. Discuss the legal basis for the
protection of our freedom of
speech.
2. Describe the basis for the
importance of anonymous
Internet expression.
3. Identify key freedom of speech
issues.
Chapter 5 - Freedom of Expression

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

Obscene Speech
Miller vs. California
Case that established if material is
obscene
1. Would the average person find that the
work appeals to the prurient interest?
2. Does the work depict or describe in an
offensive way, sexual conduct specifically
defined by the applicable state law?
3. Does the work lack serious literary, artistic,
political, or scientific value?

Whats Obscene in Canada?

Chapter 5 - Freedom of Expression

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

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

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

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

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

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.
Canada
Chapter 5 - Freedom of Expression 10

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 11

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 12

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 13

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 14

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 15

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 16

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 17

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 18

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 19

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 20

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 21