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Visibility—things can be forwarded and can go viral...not in same precise way
Searchability- can find things not by talking to people but who’s can just search people
through the internet—this is harmful speech that spreads faster
o Gamer gate example


cyberbullying- verbal attacks that happen in a steady way over the web
o victims usually teens who commit suicide after being repeatedly harassed/ systematically
o criticism for what is appropriate punishment/ harassment that doesn't help conversation or good
 How should we internalize these situations with speech?

Narrow tailored laws to deal with specific issues...but these then get used to capture and monitor more general
- there is a fear of “creep” that more things will be monitored
- US is very speech protective even though that means that bad speech will be permitted
Cassidy Case
- AZ was American born tooku (what is this); she found out that D was not real and started harassing over
twitter and blogs and tweets caused AZ stress and fear of safety
- Criminal case- Cassy violated federal stalking statute
o Cassy is arguing that all calls and tweets were fine under 1st Amendment
 This issue is specific to this case
 Case example - Good when stalking statute has been applied appropriately- calling her
every 5 min on the phone not b/c of 1st amendment but b/c of harassing effect b/c the
conduct would serve as unavoidable
o Tweets are not the same as phone calls
- Some things can be appropriate points of criticisim BUT court makes distinction b/n harassing phone
calls, emails and twitter
o She could have blocked him on twitter but on phone calls you can’t block someone
o Not true threats b/c they are not imminent they were just general and no time commitment
- Cassidy gets off—twitter/ blogs are like posting in a newspaper and she can ignore them so it doesn’t
demand attention like harassment
- was in a relationship with someone who took nudie pics and put everything online
- put pictures online and
- court has 4 part test
o in this case communications convicted under statute were not protected by 1A
 she was being extorted and that’s what makes the big difference


revenge porn
o porn is constitionally protected
o how do you write law to capture what you want and what you don’t
 Danielle sitron- if picture was made for private consumption and not commercial then
you can ask site to take it down
public disclosure of private facts (truth isn’t a defense)

Patrovick v Cassidy
- do they make sense together?
o Can look at person’s conduct
Sexually explicit material is generally protected by 1st amendment
- obscenity is narrow and falls outside of1A protection—to be obscene it has to have a 3 part test

taken as a whole..] .talks about telecom act of 1996 o are 2 provisions of telecom act of 1996 consitutonal? o If you take good faith steps to try and exclude/ protect minors you would be okay Best argument that regulation of free speech is justified? . appeals to the prurient interest.try to figure out what makes sense in the web where something someone says in one place can be problematic someplace else - . lacks serious literary. First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary .either something is obscene or its not Facts: D’s operated ad business where they would send emails and get business—some ads had obscenity .(a) whether "the average majority opinion on question . in a patently offensive way.john barlow went nuts over this law .(b) whether the work depicts or describes. [Roth. artistic. free Speech coalition.Ashcroft v. applying contemporary community standards" would find that the work. at 489. political.charged with export of obcene material .(c) whether the work.RULE: when court decides case and there’s no single rationale you try to figure out holding by finding a majority of justices agree on that is necessary for case to be resolved o 5 judges agreed that contmepary standard raises consitional issues o 5 disagreed open question over how to decide what counts as obscene .contemporary community stndards o need to use the least tolerate community as the process .duty to protect children Killbride: . and .Porn/ Is it obscene? o 3 prong test - child pornography speech that is harmful to minors ** strict scrutiny test Reno v ACLU . taken as a whole. supra. If a state obscenity law is thus limited. or scientific value. sexual conduct specifically defined by the applicable state law.