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Freedom of Speech on the Internet by Anne Fiedler, Ph.D. Key Concepts Key Concepts First Amendment Freedom of Speech Accountability Communications Decency Act of 1996 Censorship First Amendment The First Amendment is a part of the Bill of Rights of United States Constitution. It prohibits the government from making laws that establish religion (the "Establishment Clause") or prohibit free exercise of religion (the "Free Exercise Clause"), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances. Freedom of Speech Freedom of Speech is a right derived from the 1st and 14th Amendments to the United States Constitution, to communicate information and express ideas and opinions free from government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a "clear and present danger" - i.e., a risk or threat to safety or to other public interests that is serious and imminent. Accountability An obligation or willingness of an individual to accept responsibility or to account for his or her actions. Communications Decency Act of 1996 (Title V of the Telecommunications Act of 1996) The Communications Decency Act (CDA) was the first attempt by the United States Congress to regulate pornographic material on the Internet. Title V affected the Internet (and online communications) in two significant ways. First, it attempted to regulate both indecency (when available to children) and obscenity in cyberspace. The Act imposed criminal sanctions on anyone who knowingly (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. It also criminalized the transmission of materials that were "obscene or indecent" to persons known to be under 18. In Philadelphia on June 12, 1996 a panel of federal judges overturned part of the CDA, saying it would infringe upon the free speech rights of adults. The next month, another US federal court in New York struck down the portion of the CDA intended to protect children from indecent speech as too broad. On June 26, 1997, the Supreme Court upheld the Philadelphia court's decision in the landmark cyber law case of ACLU v. Reno. The court stated that the indecency provisions were an unconstitutional abridgement of the First Amendment right to free speech because they did not permit parents to decide for themselves what material was acceptable for their children, it extended to non-commercial speech, and did not define what the law meant by "patently offensive," a term with no prior legal meaning The second part of this Act, Section 230 of the Act, declared that operators of Internet services were not to be considered as publishers (and thus legally liable for the words of third parties who use their services). Section 230 stated in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider". Through the so-called Good Samaritan provision, this section also protects ISPs from liability for restricting access to certain material or giving others the technical means to restrict access to that material. This part of the Act was not overturned and is still in effect today. Censorship Censorship is the act of prohibiting, restricting, or suppressing the communication of information that the censor deems "objectionable" in speeches, publications, correspondence, works of art, etc. Vocabulary blog chat room cyberbullying e-zines filtering libel social network ISP URL blog An abbreviation for the term "web log" which is a web site containing periodic posts. Blogs often function much like newspaper commentary columns or public diaries. A blogger is the person who writes for and maintains a blog. chat room A real-time electronic forum; a virtual room where visitors can meet others and discuss any number of subjects. cyberbullying Cyberbullying involves the use of communication technologies such as e-mail, text messages, instant messaging, social networking web sites, and online personal polling web sites, to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others. e-zine An online magazine that is delivered in an electronic form. The magazine may be online-only, or may be the online version of an otherwise print-published magazine. Most e-zines cater to a niche group and focus on special interest subject matter. filtering The use of software to identify and block certain types or portions of electronic material from delivery. These programs are sometimes known as censorware or content filters. For example, a parental control internet filter may be used to block obscene web sites to protect children from obscene images; governments, employers, and internet service providers can also use filters to block information on the Internet from reaching various audiences. ISP Internet Service Provider -- a company that provides users access to the Internet. libel To issue a false assertion in writing, print, signs, or pictures that damages a person's reputation. social network A web site where members gather to post material and socialize, communicate, gossip, share ideas, share interests, make new friends, etc. A social network may also be known as a virtual community or a profile site. Some of the more popular social networks include: Bebo ( http://www.bebo.com/ ) - A site where users can share photographs, stories, journals, and more with friends and family privately or publicly on the Internet. Classmates ( http://www.classmates.com/ ) - A site where people may meet based on the schools they attend or from which they graduated. Friendster ( http://www.friendster.com/ ) - A social network, similar to MySpace, that brings together friends, family, and allows members to meet new people who share similar interests from all over the world. FaceBook (http://www.facebook.com/) - A social network similar to MySpace but which offers a somewhat more closed environment. While it is used more by college students and working adults, some high school students have pages posted on it. MySpace ( http://www.myspace.com/ ) - One of the most popular social networks and one of the most visited contemporary internet communities. Orkut ( http://www.orkut.com/ ) - A popular service from Google that provides a location to socialize with friends and family, and meet new acquaintances from all around the world. StumbleUpon ( http://www.stumbleupon.com/ ) - A community of Internet users who vote for web pages they like and dislike and allows users to create their own personal page of interesting sites they come across. TagWorld ( http://www.tagworld.com/ ) A social networking site that brings users together who enjoy similar music tastes or other similar interests. In addition to allowing users to create their own blogs, users can also post videos, music, etc., and/or browse other users' video and music posts. Windows Live Spaces ( http://spaces.live.com/ ) - A service by Microsoft that allows any user to create a personal blog and to set up a social networking site. Yahoo 360° ( http://360.yahoo.com/ ) - A service from Yahoo that allows users to create their own web pages containing their own personal journal, pictures, and favorite links and allows users to create their own friend networks. YouTube ( http://www.youtube.com/ ) - A network of users posting video blogs or "vlogs" and other videos they would like to share. URL Uniform Resource Locator (formerly Universal Resource Locator). An Internet address which tells a browser where to find an Internet resource. For example, the URL for Wal-Mart is http://www.walmart.com/.

Freedom of Speech on the Internet

by Anne Fiedler, Ph.D.

Key Concepts

Key Concepts

First Amendment
Freedom of Speech
Accountability
Communications Decency Act of 1996
Censorship

First Amendment

The First Amendment is a part of the Bill of Rights of United States Constitution. It prohibits the government from making laws that establish religion (the "Establishment Clause") or prohibit free exercise of religion (the "Free Exercise Clause"), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances.

Freedom of Speech

Freedom of Speech is a right derived from the 1st and 14th Amendments to the United States Constitution, to communicate information and express ideas and opinions free from government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a "clear and present danger" - i.e., a risk or threat to safety or to other public interests that is serious and imminent.
Accountability
An obligation or willingness of an individual to accept responsibility or to account for his or her actions.

Communications Decency Act of 1996 (Title V of the Telecommunications Act of 1996)

The Communications Decency Act (CDA) was the first attempt by the United States Congress to regulate pornographic material on the Internet. Title V affected the Internet (and online communications) in two significant ways. First, it attempted to regulate both indecency (when available to children) and obscenity in cyberspace.

The Act imposed criminal sanctions on anyone who knowingly (A) uses an interactive computer service to send to a specific person or persons under 18 years of age, or (B) uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request, suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. It also criminalized the transmission of materials that were "obscene or indecent" to persons known to be under 18.

In Philadelphia on June 12, 1996 a panel of federal judges overturned part of the CDA, saying it would infringe upon the free speech rights of adults. The next month, another US federal court in New York struck down the portion of the CDA intended to protect children from indecent speech as too broad. On June 26, 1997, the Supreme Court upheld the Philadelphia court's decision in the landmark cyber law case of ACLU v. Reno. The court stated that the indecency provisions were an unconstitutional abridgement of the First Amendment right to free speech because they did not permit parents to decide for themselves what material was acceptable for their children, it extended to non-commercial speech, and did not define what the law meant by "patently offensive," a term with no prior legal meaning

The second part of this Act, Section 230 of the Act, declared that operators of Internet services were not to be considered as publishers (and thus legally liable for the words of third parties who use their services). Section 230 stated in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider".

Through the so-called Good Samaritan provision, this section also protects ISPs from liability for restricting access to certain material or giving others the technical means to restrict access to that material. This part of the Act was not overturned and is still in effect today.

Censorship
Censorship is the act of prohibiting, restricting, or suppressing the communication of information that the censor deems "objectionable" in speeches, publications, correspondence, works of art, etc.

Vocabulary

blog
chat room
cyberbullying
e-zines
filtering
libel
social network
ISP
URL

blog
An abbreviation for the term "web log" which is a web site containing periodic posts. Blogs often function much like newspaper commentary columns or public diaries. A blogger is the person who writes for and maintains a blog.
chat room
A real-time electronic forum; a virtual room where visitors can meet others and discuss any number of subjects.

cyberbullying
Cyberbullying involves the use of communication technologies such as e-mail, text messages, instant messaging, social networking web sites, and online personal polling web sites, to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others.

e-zine
An online magazine that is delivered in an electronic form. The magazine may be online-only, or may be the online version of an otherwise print-published magazine. Most e-zines cater to a niche group and focus on special interest subject matter.

filtering
The use of software to identify and block certain types or portions of electronic material from delivery. These programs are sometimes known as censorware or content filters. For example, a parental control internet filter may be used to block obscene web sites to protect children from obscene images; governments, employers, and internet service providers can also use filters to block information on the Internet from reaching various audiences.

ISP
Internet Service Provider -- a company that provides users access to the Internet.

libel
To issue a false assertion in writing, print, signs, or pictures that damages a person's reputation.

social network
A web site where members gather to post material and socialize, communicate, gossip, share ideas, share interests, make new friends, etc. A social network may also be known as a virtual community or a profile site. Some of the more popular social networks include:

Bebo ( http://www.bebo.com/ ) - A site where users can share photographs, stories, journals, and more with friends and family privately or publicly on the Internet.
Classmates ( http://www.classmates.com/ ) - A site where people may meet based on the schools they attend or from which they graduated.
Friendster ( http://www.friendster.com/ ) - A social network, similar to MySpace, that brings together friends, family, and allows members to meet new people who share similar interests from all over the world.
FaceBook (http://www.facebook.com/) - A social network similar to MySpace but which offers a somewhat more closed environment. While it is used more by college students and working adults, some high school students have pages posted on it.
MySpace ( http://www.myspace.com/ ) - One of the most popular social networks and one of the most visited contemporary internet communities.
Orkut ( http://www.orkut.com/ ) - A popular service from Google that provides a location to socialize with friends and family, and meet new acquaintances from all around the world.
StumbleUpon ( http://www.stumbleupon.com/ ) - A community of Internet users who vote for web pages they like and dislike and allows users to create their own personal page of interesting sites they come across.
TagWorld ( http://www.tagworld.com/ ) A social networking site that brings users together who enjoy similar music tastes or other similar interests. In addition to allowing users to create their own blogs, users can also post videos, music, etc., and/or browse other users' video and music posts.
Windows Live Spaces ( http://spaces.live.com/ ) - A service by Microsoft that allows any user to create a personal blog and to set up a social networking site.
Yahoo 360° ( http://360.yahoo.com/ ) - A service from Yahoo that allows users to create their own web pages containing their own personal journal, pictures, and favorite links and allows users to create their own friend networks.
YouTube ( http://www.youtube.com/ ) - A network of users posting video blogs or "vlogs" and other videos they would like to share.

URL
Uniform Resource Locator (formerly Universal Resource Locator). An Internet address which tells a browser where to find an Internet resource. For example, the URL for Wal-Mart is http://www.walmart.com/.