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Chapter 5: FREEDOM OF EXPRESSION MELJUN CORTES

Freedom of Expression
The right to freedom of expression is one of the most important rights for free people everywhere. The First Amendment of the United States Constitution reads as follows: 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.

Speech
To include the non-verbal, visual, and symbolic forms of expression such as the burning of the flag, dance movements and hand gestures. Types of Speech that are not protected by the First Amendment: Obscene speech, defamation, incitement of panic, incitement to crime, fighting words, and sedition (incitement of discontent or rebellion against government). Two of these types of speech, Obscene speech and defamation, are particularly relevant to information technology.

Obscene Speech
3 Following conditions: Would the average person, applying contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest? Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law? Does the work, takes as a whole, lack serious literary, artistic, political, or scientific value?

Defamation

The publication of a statement of alleged fact that is false and that harms another person.

An oral defamatory statement is slander. A written defamatory statement is libel.

Key Issues Related to Freedom of Expression


Controlling

access to information on the Internet Anonymity Defamation and hate speech pornography

Controlling access to information on the Internet


The Communication Decency Act (CDA) aimed at protecting children from online pornography. Internet Filtering is a software that can be installed on a personal computer along with a Web browser to block access to certain Web sites that contain inappropriate or offensive material.

Controlling access to information on the Internet


There are many Internet filters available, including Net Nanny, Cybersitter, Cyber Patrol, SurfGuard, and SurfWatch. Hate Filter is an Internet filter that can be downloaded from AntiDefamation Leagues (ADL) Web site.

Controlling access to information on the Internet


Childrens Internet Protection Act of 2000 Which required federally financed schools and libraries to use some form of technology protection measure (such as an Internet filter) to block access to obscene material, pornography, and anything considered harmful to minors.

Anonymity
Anonymous expression allows one to state ones opinion without revealing ones identity. The freedom to express an opinion without fear of reprisal in an important right of a democratic society. Anonymous Remailers John Doe Lawsuits

Defamation and Hate Speech


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 against specific individuals.

Pornography
Some companies believe that they have the duty to stop the viewing of pornography in the workplace.