FREEDOM OF

EXPRESSION

PREPARED BY: MARIA LAUREEN B. MIRANDA

First Amendment Rights
Right to freedom of expression
◦ Important right for free people everywhere
◦ Guaranteed by the First Amendment
Definition of free speech includes:
◦ Nonverbal, visual, and symbolic forms of expression
◦ Right to speak anonymously

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First Amendment Rights (cont’d.)
Not protected by the First Amendment
◦ Perjury
◦ Fraud
◦ Defamation
◦ Obscene speech
◦ Incitement of panic
◦ Incitement to crime
◦ “Fighting words”
◦ Sedition

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Defamation
IT IS AN ACT OF SAYING FALSE THINGS IN ORDER TO MAKE PEOPLE HAVE A BAD OPINON OF
SOMEONE OR SOMETHING

Oral or written statement of alleged fact that is:

◦ False
◦ Harms another person
◦ Harm is often of a financial nature

Slander
◦ Oral defamatory statement

Libel
◦ Written defamatory statement

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Obscene Speech
IT IS AN ACT OF SAYING A VERY OFFENSIVE IN USUALLY A VERY SHOCKING OR IN VERY
UNFAIR WAY.
Based on Miller v. California, speech is considered obscene when:
◦ Average person finds the work appeals to the prurient interest
◦ Work depicts or describes sexual conduct in an offensive way
◦ Lacks serious literary, artistic, political, or scientific value

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FREEDOM OF EXPRESSION
KEY ISSUES
Freedom of Expression: Key Issues
Controlling access to information on the Internet
Anonymity on the Internet
Defamation and hate speech
Corporate blogging
Pornography

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Controlling Access to Information
on the Internet
Freedom of speech on the Internet is complicated by ease by which children can access Internet
Communications Decency Act (CDA)
◦ Aimed at protecting children from pornography
◦ Broad language and vague definition of indecency
◦ Found unconstitutional in 1997

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Child Online Protection Act (COPA)
◦ Applies to communication for commercial purposes
◦ Imposes penalties for exposing minors to harmful material on the Web
◦ Found unconstitutional in 2004
Internet filtering
◦ Software installed with a Web browser
◦ Blocks access to certain Web sites deemed to contain inappropriate or offensive material

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Top-rated Internet filters for home users
◦ NetNanny Parental Controls
◦ PureSight PC
◦ CYBERsitter
◦ SafeEyes
◦ CyberPatrol

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Controlling Access to Information on the
Internet (cont’d.)
ISP blocking
◦ Blocking is performed on the ISP server
◦ ClearSail/Family.NET prevents access to certain Web
sites

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Children’s Internet Protection Act (CIPA)
Federally financed schools and libraries must block computer access to:
◦ Obscene material
◦ Pornography
◦ Anything considered harmful to minors

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Children’s Internet Protection Act (CIPA)
Schools and libraries subject to CIPA do not receive Internet access discounts unless they:
◦ Put in place measures to filter pictures that are obscene, contain child pornography, or are harmful to minors
◦ Adopt a policy to monitor the online activities of minors
◦ Adopt a policy restricting minors’ access to materials harmful to them

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Children’s Internet Protection Act (CIPA)
(cont’d.)
CIPA does not require the tracking of Internet use by minors or adults
Acceptable use policy agreement is an essential element of a successful program in schools
◦ Signed by:
◦ Students
◦ Parents
◦ Employees

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Children’s Internet Protection Act (CIPA)
(cont’d.)
Difficulty implementing CIPA in libraries because their services
are open to people of all ages
◦ Including adults with First Amendment rights
CIPA has been upheld as constitutional by U.S. Supreme Court
(U.S. v American Library Association)

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Anonymity on the Internet
Anonymous expression is expression of opinions by people who do not reveal their identity
Freedom to express an opinion without fear of reprisal is an important right in democratic society
Anonymity is even more important in countries that do not allow free speech
Played important role in early formation of U.S.
In the wrong hands, it can be a tool to commit illegal or unethical activities

Ethics in Information Technology, Fourth Edition 16

Anonymity on the Internet (cont’d.)
Anonymous remailer service
◦ Computer program that strips the originating address from the email message
◦ Forwards the message to the intended recipient
◦ Ensures no header information can identify the author
◦ Keeps what is communicated anonymous
◦ What is communicated and whether it is ethical or unethical, legal or illegal, is up to the sender

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Defamation and Hate Speech
Hate speech that can be prosecuted includes:
◦ Clear threats and intimidation against specific citizens
◦ Sending threatening private messages over the Internet to a person
◦ Displaying public messages on a Web site describing intent to commit acts of hate-motivated
violence against specific individuals
◦ Libel directed at a particular person

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Defamation and Hate Speech (cont’d.)
Many ISPs reserve right to remove content that does not meet their standards
Such actions do not violate the subscriber’s First Amendment rights because these
prohibitions are in the terms of service
◦ ISPs must monitor the use of their service
◦ Take action when terms are violated

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Defamation and Hate Speech (cont’d.)
Public schools and universities are legally considered agents of the government and must
follow the First Amendment prohibition against speech restrictions
Corporations, private schools, and private universities not part of state or federal government
◦ May prohibit students, instructors, and employees from engaging in offensive speech

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Corporate Blogging
Some organizations allow employees to create their own personal blogs to:
◦ Reach out to partners, customers, and employees
◦ Improve their corporate image

Blogs can provide uncensored commentary and interaction

◦ Criticism of corporate policies and decisions

Could involve risk that employees might:

◦ Reveal company secrets
◦ Breach federal security disclosure laws

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Pornography
The Internet has been a boon to the pornography industry
◦ More than 4.2 million porn Web sites are accessible
◦ The sites generate an estimated $1 to $7 billion a year in revenue
◦ 72 million estimated visitors to porn Web sites monthly
Individuals free to produce and publish what they want; however, if what they distribute
is judged obscene, they are subject to prosecute
◦ California v Miller set precedent for what is obscene

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Pornography (cont’d.)
Many organizations take steps to stop access in the workplace
◦ Establishing a computer usage policy that prohibits access to pornography sites
◦ Identifying those who violate the policy
◦ Taking action against those users
◦ Failure to take action against pornography could result in sexual harassment lawsuit

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Pornography (cont’d.)
Numerous federal laws address child pornography
◦ Federal offense to produce or distribute
◦ Most states outlaw possession as well
At least seven states require computer technicians to report child pornography on clients’ computers
Sexting is sending of sexual messages, nude or seminude photos, or sexually explicit videos over a
cell phone
◦ Fast-growing trend

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Pornography (cont’d.)
CAN-SPAM Act
◦ Specifies requirements that commercial retailers must follow when sending messages
◦ Each violation can result in $250 - $750 fine
◦ Federal Trade Commission charged with enforcing the act, but has not done so effectively
◦ Deterrent in fighting the dissemination of pornography

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END OF SESSION

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