Module 5: Freedom of Expression Flashcards
What rights does the First Amendment protect, and what has the Supremem Court ruled about anonymous speech?
The First Amendment protects Americans’ rights to freedom of religion, freedom of expression, and freedom to assemble peaceably. The Supreme Court has ruled that the First Amendment also protects the right to speak anonymously.
What types of speech are not protected by the First Amendment?
Obscene speech, defamation, incitement of panic, incitement to crime, “fighting words,” and sedition are not protected by the First Amendment and may be forbidden by the government.
What is the challenge in balancing freedom of speech on the Internet with protecting children?
The challenge is that it is difficult to restrict children’s Internet access without also restricting adults’ access to material that may be inappropriate for children.
What is the purpose of the Communications Decency Act (CDA) and the Child Online Protection Act (COPA), and what has been their fate?
The CDA was aimed at protecting children from online pornography, and COPA prohibited making harmful material available to minors via the Internet. Both laws were ultimately ruled largely unconstitutional.
What protection does Section 230 of the CDA provide to ISPs?
Section 230 of the CDA provides immunity from defamation charges to ISPs that publish user-generated content, as long as they do not also serve as content providers.
What is the function of Internet filters developed by software manufacturers?
Internet filters are designed to block access to objectionable material through a combination of URL, keyword, and dynamic content filtering.
What are the requirements of the Children’s Internet Protection Act (CIPA), and what was the outcome of United States v. American Library Association, Inc.?
CIPA requires federally financed schools and libraries to use filters to block access to harmful material for minors. The Supreme Court ruled that the constitutionality of government-mandated filtering depends on adult patrons’ ability to request and receive unrestricted access to protected speech.
How does the Digital Millennium Copyright Act (DMCA) impact ISPs?
The DMCA addresses copyright-related issues, with Title II providing limitations on the liability of an ISP for copyright infringement.
What is Internet censorship and what are its implications?
Internet censorship is the control or suppression of the publishing or accessing of information on the Internet, practiced by many countries, and it raises concerns about freedom of speech and civil liberties.
What is a SLAPP, and what is the purpose of anti-SLAPP laws?
A SLAPP (strategic lawsuit against public participation) is a lawsuit filed to intimidate and silence critics. Anti-SLAPP laws are designed to reduce frivolous SLAPPs and protect people from such lawsuits.
Why is anonymous expression important, and how do some users maintain anonymity online?
Anonymous expression allows people to express opinions without fear of reprisal, which is important in democratic societies and especially in countries that do not allow free speech. Some users maintain anonymity online by using anonymous remailer services.
What is doxing and what are its ethical issues?
Doxing involves researching and posting someone’s private personal information online without permission, raising significant ethical issues related to privacy and unauthorized surveillance.
Why do businesses monitor the web, and what is a John Doe lawsuit?
Businesses monitor the web for opinions that might hurt their reputations and to guard against the public sharing of confidential information. A John Doe lawsuit enables organizations to gain subpoena power to learn the identity of anonymous Internet users who they believe have caused harm through their postings.
What protections does the First Amendment provide against offensive speech, and how do ISPs and social networking sites handle hate messages?
The First Amendment protects speech that is merely annoying, critical, demeaning, or offensive. Some ISPs and social networking sites voluntarily prohibit hate messages, which can be included in service contracts and do not violate First Amendment rights.
