Chapter 5: Freedom of Expression

Chapter 5: Freedom of Expression

• The Internet presents new challenges to freedom of expression.
• Key free-speech issues relate to the use of information technology.

Freedom of Expression

• The right to freedom of expression is a fundamental right for free people.
• This includes nonverbal, visual, and symbolic forms of expression.
• Freedom of expression also includes the right to speak anonymously.

Freedom of Expression (continued)

• Examples of expression that are not protected by freedom of expression:
  • obscene speech
  • defamation
  • incitement of panic
  • incitement to crime
  • "fighting words"
  • sedition

Obscene Speech

• Speech is considered obscene when the average person finds the content appealing to prurient interests.
• The work describes conduct in an offensive way.
• It lacks serious literary, artistic, political, or scientific value.

Defamation

• Defamation is the publication of a false statement of alleged fact that harms another person.
• Often, harm is financial.
• Slander is an oral defamatory statement.
• Libel is a written defamatory statement.

Freedom of Expression: Key Issues

• Controlling access to information on the Internet.
• Issues of anonymity.
• Defamation.
• Hate speech.
• Pornography.

Controlling Access to Information on the Internet

• Freedom of speech on the Internet is complicated by children's access.
• The Communications Decency Act (CDA) aimed to protect children from online pornography but was found unconstitutional.
• Child Online Protection Act (COPA) applied to commercial communications and imposed penalties for exposing minors to harmful material.
• Internet filters block access to inappropriate or offensive Web sites.
• URL filtering blocks specific URLs or domain names.
• Keyword filtering blocks key words or phrases.
• Dynamic content filtering evaluates content before display.
• Methods like object analysis and image recognition are used.
• ICRA rating systems and PICS standards provide questionnaires and content labels.
• ISP blocking controls access on the ISP server (e.g., ClearSail/Family.NET).

Anonymity

• The principle of anonymous expression allows individuals to express opinions without revealing their identity.
• Anonymous remailer services forward messages with the origin address removed.
• John Doe lawsuits temporarily mask the defendant's identity (common in Internet libel cases).

Defamation and Hate Speech

• Sending threatening messages, displaying messages with intent to commit hate-motivated violence, and libel against a specific person are actions that can be prosecuted.
• Some ISPs voluntarily prohibit subscribers from sending hate messages.
• ISPs must monitor service use and take action when terms are violated.