Lecture 7 Flashcards
Content-based vs content neutral regulation
content-based: depends on content.
- strict scrutiny test
content-neutral: depends on modalities of speech - time, place, manner
- intermediate/mid-level scrutiny test
Intermediate scrutiny
- Important govt interests
- Means related to those interests
Strict scrutiny
- Compelling government interests
- Law narrowly tailored
- Least restrictive means test
High value speech
Speech addressing matters of public concern
Low value speech
- Commercial speech: obscenity, incitement
- False statements
- Child pornography
- Etc - restrictions are not generally subjected to strict scrutiny tests - this speech
not protected by First Amendment on certain conditions
ISP
Company that provides subscribers with access to the internet. Facilitate transactions between 3rd parties on the internet
Give access to,host transmit and index content/g/s originated by 3rd parties on the internet.
Active hosting provider
Manages/indexes info, collects revenue from advertising, service fees, T&C
Passive hosting provider
Mere storage service
Neutral/technical/automatic
ISP Types
- Access providers: Tiscali, Wind, Telecom, Fastweb
- Caching providers: Google, Bing, Aol
- Hosting providers: Youtube, eBay, Facebook, iTunes, Flickr, Twitter
- Content providers: Fox, La Stampa, La Repubblica