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Freedom of Expression PPIT Notes

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Freedom of Expression PPIT Notes

Uploaded by

l217564
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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1.

Introduction to Freedom of Expression

Freedom of expression is a foundational right in any democratic society, ensuring individuals


can share ideas, opinions, and information without unwarranted government interference.
The internet has amplified the scope of this freedom, allowing for unprecedented access to
information and communication platforms. However, this freedom comes with ethical
responsibilities and legal boundaries, particularly in information technology (IT).

Objectives of Freedom of Expression in IT

1. Understand the legal basis of freedom of expression in the United States.


2. Explore types of expression that are not legally protected.
3. Examine key federal laws affecting online expression.
4. Address ethical and legal challenges associated with freedom of expression in IT.

2. First Amendment Rights

The First Amendment of the U.S. Constitution protects freedom of speech, press, religion,
assembly, and petition. It forms the basis for freedom of expression in the United States but
is not absolute.

Protected Forms of Free Speech

1. Nonverbal Communication:
○ Gestures, protests, or symbolic acts such as flag burning (e.g., Texas v.
Johnson).
○ Artistic expression like dance or visual art.
2. Visual and Symbolic Expression:
○ Images, videos, and symbols conveying political or personal messages.
○ Examples include protest signs or symbolic clothing.
3. Anonymous Speech:
○ Allows individuals to express views without revealing their identity, protecting
those in vulnerable positions.
○ Examples include whistleblowing, anonymous letters, and online
pseudonyms.
4. Minority or Unpopular Views:
○ Protects opinions or speech that may offend or challenge majority viewpoints,
ensuring inclusivity in public discourse.

Expressions NOT Protected by the First Amendment

Despite broad protections, some types of speech are excluded:

1. Perjury: Lying under oath in court.


2. Fraud: Deceptive practices for personal or financial gain.
3. Defamation: False statements damaging another's reputation.
○ Slander: Spoken defamation.
○ Libel: Written defamation.
4. Obscene Speech: Content violating community standards without serious value.
5. Incitement to Crime or Panic:
○ Encouraging illegal actions or causing undue public fear.
6. “Fighting Words”: Speech intended to provoke immediate violence.
7. Sedition: Advocating the overthrow of government authority.

3. Obscene Speech

Definition:

Obscene speech is defined by its lack of serious literary, artistic, political, or scientific value.
Courts often rely on the Miller Test from Miller v. California to determine obscenity:

1. Appeals to prurient interests based on contemporary standards.


2. Depicts sexual conduct in a patently offensive way.
3. Lacks any significant redeeming value.

Example:

● Explicit adult content distributed without artistic or educational intent.

4. Defamation

Definition:

Defamation involves making false, damaging statements about someone, harming their
reputation, often with financial or personal consequences.

Types of Defamation:

1. Slander: Spoken defamatory statements.


2. Libel: Written or published defamatory statements.

IT Implications:

● Defamation is a major concern in online communication.


● Social media, blogs, and forums can spread defamatory content quickly, leading to
lawsuits.
● Example: A false online review harming a business's reputation.

Legal Responses:

● Organizations monitor defamatory attacks and take legal actions against offenders to
protect their reputation and credibility.
5. Key Issues in Freedom of Expression and IT

Freedom of expression intersects with technology in various ways, leading to both


opportunities and challenges.

1. Controlling Access to Internet Information

The internet allows for open access to information, but unrestricted access can expose
users, particularly children, to harmful content.

Legal Measures to Control Access

1. Communications Decency Act (CDA, 1996):


○ Aimed to restrict minors’ access to online pornography.
○ Found unconstitutional due to vague definitions of "indecency" and overreach
of power.
2. Child Online Protection Act (COPA, 1998):
○ Targeted commercial distribution of harmful content to minors.
○ Declared unconstitutional in 2004 for infringing on free speech.

Technological Measures

● Internet Filters:
○ Software tools that block access to inappropriate websites.
○ Types of filtering:
■ URL Filtering: Blocks specific web addresses.
■ Keyword Filtering: Blocks pages containing specified terms.
■ Dynamic Content Filtering: Analyzes website content in real-time to
determine its suitability.
○ Examples of popular filters: NetNanny, CYBERsitter, SafeEyes.

Children’s Internet Protection Act (CIPA)

● Applies to federally funded schools and libraries, requiring:


1. Blocking obscene material and harmful images.
2. Monitoring online activities of minors.
3. Implementing acceptable use policies for students and employees.

2. Anonymity on the Internet

Anonymity allows individuals to express views freely without fear of reprisal but also enables
unethical or illegal activities.

Historical Importance of Anonymity

● During the American Revolution, anonymous pamphlets (e.g., by John Zenger)


criticized British rule, promoting free expression.
Modern Tools for Anonymity

● Anonymous Remailer Services:


○ Strip sender details from emails, ensuring the sender remains anonymous.
○ Example: Whistleblowing platforms using anonymous email systems.

Challenges of Anonymity

● Facilitates defamation, fraud, exploitation, and hate speech.


● John Doe Lawsuits:
○ Enable lawsuits against anonymous individuals involved in defamation or
other harm.
○ Example: Raytheon sued 21 anonymous individuals for revealing company
secrets on Yahoo forums.

6. Defamation and Hate Speech

Hate Speech

Hate speech becomes prosecutable when:

1. It includes clear threats or intimidation.


2. It encourages violence or discrimination against individuals.

Global Perspectives on Hate Speech

● Germany: Criminalizes promoting Nazi ideology.


● Europe: Holocaust denial is illegal in many countries.
● Australia: Thousands faced charges for posting hate messages on social media.

Cross-Border Challenges

● U.S. citizens posting content illegal in other countries can face prosecution if under
that country’s jurisdiction.

7. Corporate Blogging

Corporate blogs can be an effective tool for organizations but carry risks if mishandled.

Advantages:

● Build relationships with customers, employees, and partners.


● Provide a platform for uncensored ideas and innovation.

Risks:

● Employees might reveal confidential information or breach laws.


● Example: Mark Jen (Google) revealed sensitive information in his blog, leading to his
termination and reputational damage for Google.

Blogging Guidelines:

1. Do not disclose confidential data.


2. Ensure posts are authentic and appealing.
3. Balance openness with professionalism.

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