1. Chapter 5 Freedom of Expression

2. Chapter 5 - Freedom of Expression
Chapter 5 - Objectives
Discuss the legal basis for the protection of our freedom of speech.
Describe the basis for the importance of anonymous Internet expression.
Identify key freedom of speech issues.
Chapter 5 - Freedom of Expression

3. First Amendment Rights
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.
Canadian aspects and Links; Criminal Code – libel, obscenity, child pornography, hate propaganda
FOS Links "Freedom of opinion can only exist when the government thinks itself secure." --Bertrand Russell ( )
Chapter 5 - Freedom of Expression

4. Chapter 5 - Freedom of Expression
Obscene Speech Miller vs. California Case that established if material is obscene
Would the average person find that the work appeals to the prurient interest?
Does the work depict or describe in an offensive way, sexual conduct specifically defined by the applicable state law?
Does the work lack serious literary, artistic, political, or scientific value?
What’s Obscene in Canada?
Chapter 5 - Freedom of Expression

5. Chapter 5 - Freedom of Expression
Terms
Defamation is the publication of a statement of alleged fact which is false and which harms another person.
Slander is an oral defamatory statement.
Libel is a written defamatory statement.
Chapter 5 - Freedom of Expression

6. Chapter 5 - Freedom of Expression
Information technology has provided amazing new ways to communicate with people around the world.
Individuals must make ethical decisions in regards to how they will use this freedom of expression.
Chapter 5 - Freedom of Expression

7. Communications Decency Act
Became law in 1996.
Purpose was to allow free competition among phone, cable, and TV companies.
Also sought to protect children from online pornography. (Canada)
Supreme Court ruled the law unconstitutional.
Chapter 5 - Freedom of Expression

8. Chapter 5 - Freedom of Expression
Internet Filtering
Parents may install filters on their children's computer to prevent them from viewing sites that contain objectionable material.
Net Nanny
Cybersitter
Cyber Patrol
SurfGuard
SurfWatch
HateFilter
Chapter 5 - Freedom of Expression

9. Chapter 5 - Freedom of Expression
ICRA
Internet Content Rating Association (ICRA) is a non-profit organization that strives to enable the public to make informed decisions about electronic media through the open and objective labeling of content.
AOL
IBM
Microsoft
Bell South
Chapter 5 - Freedom of Expression

10. Children’s Internet Protection Act
In December 2000, Congress passed the Children’s Internet Protection Act that requires federally financed schools and libraries to use some form of technology to block access to obscene materials to minors.
Canada
Chapter 5 - Freedom of Expression

11. Chapter 5 - Freedom of Expression
Anonymity
Anonymous expression allows you to state your opinions without revealing your identity.
Anonymous expression played an important role in the early formation of the United States.
Chapter 5 - Freedom of Expression

12. Chapter 5 - Freedom of Expression
Maintaining anonymity on the Internet is important to some users.
Anonymous r er is a computer program that strips the originating address from the message.
Chapter 5 - Freedom of Expression

13. Safeguarding Anonymous Identity
“John Doe” lawsuit - protects the identity of individuals on the Internet.
In 2001, a California superior court judge ruled in favor of protecting the identity of two individuals citing the First Amendment protection of anonymous speech.
Chapter 5 - Freedom of Expression

14. Defamation and Hate Speech
In the U.S., Internet “speech” that is merely annoying, critical, demeaning, or offensive enjoys protection under the First Amendment.
Legal recourse can happen only when hate speech turns into clear threats and intimidation.
Canada; Canadian Human Rights Act
Chapter 5 - Freedom of Expression

15. Chapter 5 - Freedom of Expression
Hate Speech
Most other countries do not provide constitutional protection for hate speech.
A U.S. citizen who posts material on the Internet that is illegal in a foreign country can be prosecuted if that person visits that country.
Chapter 5 - Freedom of Expression

16. Chapter 5 - Freedom of Expression
Pornography
The Internet has been a boom to the pornography industry.
One in four Americans visit a web sex site once a month > sports sites!
Forrester Research estimates that sex sites on the Web generate at least $1 billion in revenue each year.
Chapter 5 - Freedom of Expression

17. Chapter 5 - Freedom of Expression
Pornography
U.S. organizations exercise great care in how they deal with the issue of pornography in the work place.
Many companies have a usage policy that prohibits access to porn sites.
There are numerous Federal laws addressing child pornography.
Chapter 5 - Freedom of Expression

18. Chapter 5 - Freedom of Expression
Summary
First Amendment protects our right to freedom of religion and freedom of expression.
The Internet enables worldwide exchange of information.
Canadian Human Rights Commission
Chapter 5 - Freedom of Expression

19. Chapter 5 - Freedom of Expression
Summary
In the U.S., Internet 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.
Chapter 5 - Freedom of Expression

20. Case 1 - The Electronic Frontier Foundation (EFF)
Founded in 1990, is a non-profit, non-partisan organization whose goal is to protect fundamental civil liberties related to technology, including privacy and freedom of expression on the Internet.
Chapter 5 - Freedom of Expression

21. Chapter 5 - Freedom of Expression
Case 2 - SurfControl
SurfControl develops software products that filter Internet and use.
Its goal was to encourage responsible Internet usage by reporting employees’ Internet use.
Chapter 5 - Freedom of Expression