Freedom of Speech in Cyberspace

1
Freedom of Speech in Cyberspace

• October 29, 2004
• CS 4001B
• Fall 2004

2
Freedom of Speech Flows from the 1st Ammendment

• 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.
• --First Amendment, U.S. Constitution

3
Freedom of Speech Freedom of the Press
Freedom of Communication

• Historically communication technologies were
  divided into three categories.
• Print media (newspapers, books, magazines,
  pamphlets). Traditionally has had the strongest
  First Amendment protection.
• Broadcast (television, radio). Broadcast has been
  highly regulated though it has a role similar to
  newspapers in providing news. Licenses are
  granted by the FCC. Certain ads (e.g.,
  cigarettes) are illegal. Some words may appear in
  print but must not be said on the air.
• Common carriers (telephone, telegraph, postal
  system). Service must be available to everyone.
  Telephone service must provide universal
  accesssubsidized service.

4
New Technologies New Regulatory Structures

• With advent of digital and networked
  communications, the lines have blurred between
  telephone, cable, computer networks, etc. The
  Telecommunications Act of 1996 changed the
  regulatory structure to remove restrictions on
  service areas and services provided by
  telecommunications companies.
• The Supreme Court has ruled that cable operators
  have more freedom of speech than television and
  radio broadcasters, but less than print
  publishers. Whats the rationale for these
  different restrictions?

5
New Technologies New Regulatory Structures

• Where does the Web fit?
• The Web has similarities to all three traditional
  communications categories.
• The Communications Decency Act of 1996 sought to
  censor the Internet, but a federal judge ruled
  its main parts unconstitutional, saying that as
  the most participatory form of mass speech yet
  developed, the Internet deserves the highest
  protection from government intrusion.
• Efforts to censor the Internet continue
• Other countries have applied censorship.

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Points on the 1st Amendment

• It was written precisely to protect controversial
  and/or offensive speech and ideas. Other speech
  and ideas would not have to be protected.
• It covers spoken and written words, pictures,
  art, and other forms of expression of ideas and
  opinions (e.g., armbands and insignia).
• It is a restriction on the power of government
  rather than on individuals or private businesses.
  (Businesses and individuals have the freedom not
  to promote ideas or expression that they disagree
  with.)

7
Points on the 1st Amendment

• Over the years, the Supreme Court has developed
  principles and guidelines about protected
  expression.
• -Advocating illegal acts is (usually) legal the
  listener has the responsibility to decide whether
  to commit the act.
• Libel (making false and damaging statements) and
  direct, specific threats are not protected.
• Courts have a tradition of treating advertising
  as second class speech and allowing
  restrictions.
• Anonymous speech has been protected, but there
  are serious attempts to limit or prohibit
  anonymity on the Internet.
• Censorship issues arise when the Government owns
  or substantially subsidizes communication systems
  or networks. (Governments are political
  entities.) Why are these systems not protected by
  the First Amendment?