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Freedom of Speech on the Internet by Anne Fiedler, Ph.D. ClassroomActivities Description of Classroom Activities Lesson Plan Activity #1 Lesson Plan Activity #2 Lesson Plan Activity #3 This module focuses on the First Amendment right of freedom of speech. It examines on the impact of the changing communication environment and ethical issues involving the rights of individuals to speak freely as opposed to the rights of others to be protected from harm. Before going into specific cases and activities, have students reflect on why freedom of speech is protected. Generally, ethical analysis is usually based on one of three ethical foundations: Consequentialism, which contends that achieving good consequences and general satisfaction makes an act good; deontology, which contends that the most important determinant of whether an act is good is whether it is respectful of all persons involved; and virtue theory, which contends that the ethical act is one that leads not merely to satisfaction but one which encourages individuals and communities to be the best they can be. Consequentialists would argue that freedom of speech allows people to look for truth and to evaluate the ideas of others. Without free speech, we would live under the rule of whoever enforced his or her beliefs. On the other hand, free speech doesn't guarantee that hateful ideas won't be spread. Should all offensive speech be protected? Will that lead to better or worse consequences for society? Why? Deontologists would argue that part of respecting someone is allowing that person to express himself or herself. The ability to express oneself is so important that it is a "right." A right is an aspect of personhood that so essential to our ability to live respectable and respectful lives that it ought to be recognized and respected by other individuals and by society as a whole. Finally, virtue or human excellence would ask us whether protecting freedom of speech helps us to be the best people and best community we can be. Does a good society require freedom of speech? Would regulating speech make us better people? These three general concerns (consequences, respect, and excellence) are complex and controversial, but reflecting on what they entail helps us to figure out what kind of people we want to be and what kind of society we want to encourage. Talking about these issues and the way they arise in our lives, in cases like those that follow, helps us to clarify our ideals and to think critically about our lives. Activity #1. Anything Goes? Briefly discuss which online social networks students are familiar with (Facebook, MySpace, etc.). Ask them to write a position paper that lists the reasons for and against permitting community members to post anything they want on their personal website or computer page. Should any internet activity be censored? If so, by whom, when, why, and how? Why should political speech be protected? Is - or should - ALL speech be protected? Why/why not? Also ask them to take a position in their essay on whether or not there are times when Internet activity must be monitored and sometimes censored or prohibited. They might address topics such as child pornography, copyright infringement, and criminal incitement to commit violent acts. Activity #2. Classroom Debate: Can a Web Site be to Offensive for the Internet? Show students a website that some might find offensive, such as the Animal Liberation Front (www.animalliberationfront.com). Divide the class into two debate teams. Have Team #1 represent the point of view against allowing such websites to continue on the Internet. Have Team #2 debate the stance of the American Civil Liberties Union that we are guaranteed the right to express our opinions even if others may find them offensive. Give each team 10 minutes to prepare their arguments and choose a speaker, and allow each team 10 minutes to present their point of view. Then allow each team two minutes to have a second speaker make a rebuttal. After the debate take 20 minutes to discuss with the class what they learned from the exercise. Which position was stronger and why? Note to the teacher: When doing this exercise, it is very important that you emphasize the fact that Team #2 is not defending the stance taken by the Animal Liberation Front, but rather its right to freedom of speech. If the students have a sufficient level of maturity such as in an AP class, the teacher may want to substitute other, more offensive websites, such as that of the American Nazi Party, when doing this exercise. Activity #3. Class Discussion: Cyber-Bullying As an introduction, summarize the story of A.B. v. State of Indiana (presented in the General Background section of this module). Use this case as a starting part to discuss cyber etiquette. Ask the students why it is a matter of respect to watch their language and avoid making offensive statements when posting to the web. Perhaps students can discuss the ways in which disrespectful language and speech destroys true conversation and closes minds. Another question that you may want to ponder with the class is why some people feel that the anonymity gives them the right to make disrespectful statements that they would never make to a person's face. Is there ever a time when anonymity is appropriate - for instance when one fears for one's life or livelihood? Read the following case study to the students. The Cyber-Bullying of David Knight: A Case* A fellow classmate sent David Knight, a high school student, sent him a message saying, "Hey Dave, look at this website." When he typed in the URL on the family computer, a page popped up entitled, "Welcome to the Page that Makes Fun of Dave Knight." The website had David's photo and pages of hateful comments directed at him and everyone in his family. There was also a message board where others were invited to post lewd, sexual comments smearing David's reputation. He was accused of being a pedophile and of using a date rape drug on little boys. (source :CBS NEW ONLINE (March 2005) Cyber-bullying http://www.cbc.ca/news/background/bullying/cyber_bullying.html) Ask students to answer each of the following questions as part of a class discussion: 1. If you were David Knight, what would you do? Who is accountable for the material on the web page? Should the ISP (internet service provider) or the web master be held responsible? Teacher's Prompt:* While a person who posts the harassing information on the website may be held accountable, the service provider will probably be protected under the Communication Decency Act. 2. Which do you believe is more taumatic, cyberbullying or face-to-face bullying at school? Why? Teacher's Prompt: 2. Cyberbullying may be far worse than face-to-face bullying for several reasons: a. When a student is bullied at school there may be as many as 20 witnesses, but when information is posted online, the number of people who can read it is almost endless. b. The Internet has the permanence of the written word, and therefore, is much more enduring than an oral face-to-face bullying. c. Cyberbullying is often anonymous, so responsibility or accountability can be difficult to assign, which can encourage people to become increasingly cruel. 3. What are some negative outcomes that might result from cyberbullying? Teacher's Prompt: Studies show that the anonymous nature of the cyber world can have an even stronger negative impact than traditional bullying. Some results include withdrawal, fear, isolation, and suicide. 4. What would you do if you knew that your friends were responsible for cyberbullying another student? Do you believe that it is your responsibility to do anything about it? Why do you believe bullying takes place? Teacher's Prompt: Question #4 can lead into a discussion on Integrity and standing up for what is right. Discuss strategies for discouraging bullying. Often witnesses to bullying have an opportunity to keep bullying from escalating, but they must resist the temptation to want to be identified with the bully who may be stronger than the person being bullied. An interesting and morally formative discussion of human motivations and ways to encourage mutual respect among students may ensue. Another case of cyber-bullying that students could investigate is that of Megan Meier, the thirteen-year-old who committed suicide after having been lured into thinking she was forming a friendship with a teen-aged boy on MySpace. Using a search engine to search "Megan Meier" will lead to numerous articles, including one that discusses a website that bullies the person who bullied Megan Meier (http://www.foxnews.com/story/0,2933,315684,00.html)

Freedom of Speech on the Internet

by Anne Fiedler, Ph.D.

ClassroomActivities

Description of Classroom Activities

Lesson Plan Activity #1

Lesson Plan Activity #2

Lesson Plan Activity #3

This module focuses on the First Amendment right of freedom of speech. It examines on the impact of the changing communication environment and ethical issues involving the rights of individuals to speak freely as opposed to the rights of others to be protected from harm.

Before going into specific cases and activities, have students reflect on why freedom of speech is protected. Generally, ethical analysis is usually based on one of three ethical foundations: Consequentialism, which contends that achieving good consequences and general satisfaction makes an act good; deontology, which contends that the most important determinant of whether an act is good is whether it is respectful of all persons involved; and virtue theory, which contends that the ethical act is one that leads not merely to satisfaction but one which encourages individuals and communities to be the best they can be.

Consequentialists would argue that freedom of speech allows people to look for truth and to evaluate the ideas of others. Without free speech, we would live under the rule of whoever enforced his or her beliefs. On the other hand, free speech doesn't guarantee that hateful ideas won't be spread. Should all offensive speech be protected? Will that lead to better or worse consequences for society? Why?

Deontologists would argue that part of respecting someone is allowing that person to express himself or herself. The ability to express oneself is so important that it is a "right." A right is an aspect of personhood that so essential to our ability to live respectable and respectful lives that it ought to be recognized and respected by other individuals and by society as a whole.

Finally, virtue or human excellence would ask us whether protecting freedom of speech helps us to be the best people and best community we can be. Does a good society require freedom of speech? Would regulating speech make us better people? These three general concerns (consequences, respect, and excellence) are complex and controversial, but reflecting on what they entail helps us to figure out what kind of people we want to be and what kind of society we want to encourage. Talking about these issues and the way they arise in our lives, in cases like those that follow, helps us to clarify our ideals and to think critically about our lives.

Activity #1. Anything Goes?

Briefly discuss which online social networks students are familiar with (Facebook, MySpace, etc.).

Ask them to write a position paper that lists the reasons for and against permitting community members to post anything they want on their personal website or computer page. Should any internet activity be censored? If so, by whom, when, why, and how? Why should political speech be protected? Is - or should - ALL speech be protected? Why/why not?

Also ask them to take a position in their essay on whether or not there are times when Internet activity must be monitored and sometimes censored or prohibited. They might address topics such as child pornography, copyright infringement, and criminal incitement to commit violent acts.

Activity #2. Classroom Debate: Can a Web Site be to Offensive for the Internet?

Show students a website that some might find offensive, such as the Animal Liberation Front (www.animalliberationfront.com). Divide the class into two debate teams. Have Team #1 represent the point of view against allowing such websites to continue on the Internet. Have Team #2 debate the stance of the American Civil Liberties Union that we are guaranteed the right to express our opinions even if others may find them offensive.

Give each team 10 minutes to prepare their arguments and choose a speaker, and allow each team 10 minutes to present their point of view. Then allow each team two minutes to have a second speaker make a rebuttal.

After the debate take 20 minutes to discuss with the class what they learned from the exercise. Which position was stronger and why?

Note to the teacher: When doing this exercise, it is very important that you emphasize the fact that Team #2 is not defending the stance taken by the Animal Liberation Front, but rather its right to freedom of speech.

If the students have a sufficient level of maturity such as in an AP class, the teacher may want to substitute other, more offensive websites, such as that of the American Nazi Party, when doing this exercise.

Activity #3. Class Discussion: Cyber-Bullying

As an introduction, summarize the story of A.B. v. State of Indiana (presented in the General Background section of this module). Use this case as a starting part to discuss cyber etiquette. Ask the students why it is a matter of respect to watch their language and avoid making offensive statements when posting to the web. Perhaps students can discuss the ways in which disrespectful language and speech destroys true conversation and closes minds.

Another question that you may want to ponder with the class is why some people feel that the anonymity gives them the right to make disrespectful statements that they would never make to a person's face. Is there ever a time when anonymity is appropriate - for instance when one fears for one's life or livelihood?

Read the following case study to the students.

The Cyber-Bullying of David Knight:
A Case*

A fellow classmate sent David Knight, a high school student, sent him a message saying, "Hey Dave, look at this website." When he typed in the URL on the family computer, a page popped up entitled, "Welcome to the Page that Makes Fun of Dave Knight." The website had David's photo and pages of hateful comments directed at him and everyone in his family. There was also a message board where others were invited to post lewd, sexual comments smearing David's reputation. He was accused of being a pedophile and of using a date rape drug on little boys. (*source :CBS NEW ONLINE (March 2005) Cyber-bullying http://www.cbc.ca/news/background/bullying/cyber_bullying.html)

Ask students to answer each of the following questions as part of a class discussion:

1. If you were David Knight, what would you do?
Who is accountable for the material on the web page?
Should the ISP (internet service provider) or the web master be held responsible?

Teacher's Prompt: While a person who posts the harassing information on the website may be held accountable, the service provider will probably be protected under the Communication Decency Act.

2. Which do you believe is more taumatic, cyberbullying or face-to-face bullying at school? Why?

Teacher's Prompt: 2. Cyberbullying may be far worse than face-to-face bullying for several reasons:
            a. When a student is bullied at school there may be as many as 20 witnesses, but when information is posted online, the number of people who can read it is almost endless.
            b. The Internet has the permanence of the written word, and therefore, is much more enduring than an oral face-to-face bullying.
            c. Cyberbullying is often anonymous, so responsibility or accountability can be difficult to assign, which can encourage people to become increasingly cruel.

3. What are some negative outcomes that might result from cyberbullying?

Teacher's Prompt: Studies show that the anonymous nature of the cyber world can have an even stronger negative impact than traditional bullying. Some results include withdrawal, fear, isolation, and suicide.

4. What would you do if you knew that your friends were responsible for cyberbullying another student? Do you believe that it is your responsibility to do anything about it? Why do you believe bullying takes place?

Teacher's Prompt: Question #4 can lead into a discussion on Integrity and standing up for what is right. Discuss strategies for discouraging bullying. Often witnesses to bullying have an opportunity to keep bullying from escalating, but they must resist the temptation to want to be identified with the bully who may be stronger than the person being bullied. An interesting and morally formative discussion of human motivations and ways to encourage mutual respect among students may ensue.

Another case of cyber-bullying that students could investigate is that of Megan Meier, the thirteen-year-old who committed suicide after having been lured into thinking she was forming a friendship with a teen-aged boy on MySpace. Using a search engine to search "Megan Meier" will lead to numerous articles, including one that discusses a website that bullies the person who bullied Megan Meier (http://www.foxnews.com/story/0,2933,315684,00.html)