978-1285197159 Chapter 5 Explain that the issue of freedom of speech is

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Chapter 5

Freedom of Expression

At a Glance

Instructor’s Manual Table of Contents

Overview

Objectives

Teaching Tips

Quick Quizzes

Discussion Questions

Additional Projects

Additional Resources

Key Terms

Lecture Notes

Overview

Chapter 5 presents an overview of First Amendment rights, including the types of speech that are

protected and the types that are not. The chapter continues with a description of controlling

access to information on the Internet, including efforts to legislate Internet content, and

solutions to controlling content that do not rely on legislation. Anonymity and its

implications are discussed, including anonymous remailers, and John Doe lawsuits. The

chapter concludes with a discussion of defamation and hate speech, and pornography on the

Internet.

Objectives

As students read this chapter, they should consider the following questions:

What is the basis for the protection of freedom of expression in the

United States, and what types of expression are not protected under the law?

What are some of the key federal laws that affect online freedom of expression, and how

do they impact organizations?

What important freedom of expression issues relate to the use of information technology?

Teaching Tips

Vignette—Reputation Changer, Online Reputation Management Company

1. Describe the range of services offered by online reputation management companies to

organizations.

I. First Amendment Rights

1. Begin the discussion by explaining that the Internet provides an easy and inexpensive way

for a speaker to send a message to a large audience—potentially thousands or millions of

people worldwide.

2. Note that the right to freedom of expression is one of the most important rights for free

A. Obscene Speech

1. Discuss Miller v. California, the 1973 Supreme Court case, and summarize the three

questions that determine whether a speech is obscene and therefore not protected under

the First Amendment.

B. Defamation

1. Introduce the terms defamation, slander, and, libel.

Teaching

Tip

Take time to discuss the boundary between expressing an opinion and

defamation.

II. Freedom of Expression: Key Issues

1. Use this section to discuss key issues related to freedom of expression, including

controlling access to information on the Internet, anonymity on the Internet, defamation

and hate speech, and pornography.

A. Controlling Access to Information on the Internet

1. Explain that the issue of freedom of speech is complicated by the ease with which

children can access the Internet.

Communications Decency Act (CDA)

1. Explain that the primary purpose of the Telecommunications Act was to allow freer

competition among phone, cable, and TV companies.

2. Point out that the Communications Decency Act (CDA), Title V of the

Telecommunications Act, aimed at protecting children from pornography; the problem

with the CDA was its broad language and vague definition of indecency, a standard

Teaching

Tip

Discuss the ethics of legislation that bans indecent material and the difficulty in

deciding what is and is not indecent.

Child Online Protection Act (COPA)

1. Explain that the Child Online Protection Act (COPA), signed into law in October

1998, states that “whoever knowingly and with knowledge of the character of the

material, in interstate or foreign commerce by means of the World Wide Web, makes

any communication for commercial purposes that is available to any minor and that

Teaching

Tip

To a certain extent, shielding children from objectionable material seems straight

forward. Take time to discuss the difficulty legislators have in drafting laws to

protect minors, while preserving the rights of adults.

Internet Filtering

1. Introduce the term Internet filter.

2. Note that the negative side of Internet filters is that they can block too much content

keeping users from accessing useful information.

Teaching

Tip Discuss the advantages and disadvantages of Internet filtering.

Children’s Internet Protection Act (CIPA)

1. Discuss the specific requirements of the Children’s Internet Protection Act (CIPA).

2. Note that opponents of the law were concerned that it transferred power over

education to private software companies who develop the Internet filters and define

what sites to block.

3. Point out that the ACLU filed a suit to challenge CIPA. In May 2002, a three-judge

panel in eastern Pennsylvania held that “we are constrained to conclude that the library

plaintiffs must prevail in their contention that CIPA requires them to violate the First

Amendment rights of their patrons, and accordingly is facially invalid” under the First

Amendment.

Internet Censorship

1. Explain that Internet censorship is the control or suppression of the publishing or

accessing of information on the Internet.

2. Point out that censorship can take many forms—such as limiting access to certain Web

sites, allowing access to only some content or modified content at certain Web sites,

rejecting the use of certain keywords in search engine searches, tracking and

monitoring the Internet activities of individuals, and harassing or even jailing

individuals for their Internet use. Use Table 5-1 to aid the discussion.

Quick Quiz 1

1. Making either an oral or a written statement of alleged fact that is false and that harms

another person is ____.

2. An oral defamatory statement is ____.

3. A written defamatory statement is ____.

4. A(n) ____ is software that can be used to block access to certain Web sites that contain

material deemed inappropriate or offensive.

B. Strategic Lawsuit Against Public Participation (SLAPP)

1. Introduce the term Strategic Lawsuit against Public Participation (SLAPP)—a

strategy employed by corporations, government officials, and others against citizens and

community groups who oppose them on matters of public interest.

2. Note that SLAPP is typically without merit and is used to intimidate critics out of fear of

the cost and effort associated with a major legal battle.

C. Anonymity on the Internet

1. Anonymous expression is the expression of opinions by people who do not reveal their

identity.

2. Explain that the freedom to express an opinion without fear of reprisal is an important

right of a democratic society.

Teaching

Tip

This may be a good place to discuss the Internet’s obligations with regard to the

competing interests of protecting users’ anonymity, and complying with law

enforcement, as the following paragraphs present a similar situation.

5. Introduce the term anonymous remailer service.

Teaching

Tip

Discuss the ethical issues concerning the use of anonymous remailers, and

reasons why someone would want to use them.

John Doe Lawsuits

1. Explain that once the John Doe lawsuit is filed, the plaintiff can request court

permission to issue subpoenas to command a person to appear under penalty. If the

court grants permission, the plaintiff can serve subpoenas on any third party—such as

Teaching

Tip

Discuss issues in tracking down people who commit libel on the Internet, and the

efficacy of John Doe lawsuits in prosecuting these types of crimes.

D. Hate Speech

1. In the United States, speech that is merely annoying, critical, demeaning, or offensive

enjoys protection under the First Amendment. Persistent or malicious harassment aimed

at a specific person is hate speech, which can be prosecuted under the law, but general,

broad statements expressing hatred of an ethnic, racial, or religious group cannot.

2. Explain that although ISPs do not have the resources to prescreen content (and they do

not assume any responsibility for content provided by others), many ISPs do reserve the

right to remove content that, in their judgment, does not meet their standards.

Teaching

Tip

Discuss the ethical and practical issues in placing the enforcement of bans on

hate speech in the hands of ISPs.

E. Pornography

1. Explain that the Internet has been a boon to the pornography industry by providing fast,

cheap, and convenient access to a huge array of pornography Web sites—some

2. The key question in deciding what Internet material is obscene is: “Whose community

standards are used?” Because Internet content publishers cannot easily direct their

3. Many companies believe that they have a duty to stop the viewing of pornography in the

workplace. As long as they can show that they took reasonable steps and determined

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM)

Act

1. Discuss the key requirements of the Controlling the Assault of Non-Solicited

Pornography and Marketing (CAN-SPAM) Act (2003).

2. Note that each violation of the provisions of the CAN-SPAM Act can result in a fine of

up to $250 for each unsolicited email, and fines can be tripled in certain cases.

3. The CAN-SPAM Act can also be used in the fight against the dissemination of

pornography. Use examples to aid the discussion.

4. Use Table 5-3 to discuss issues of freedom of expression in the workplace.

Quick Quiz 2

1. (True or False) The use of a remailer keeps communications anonymous; what is

communicated, and whether it is ethical or legal, is up to the sender.

2. An aggrieved party can file a(n) ____ lawsuit against a defendant whose identity is

temporarily unknown because he or she is communicating anonymously or using a

pseudonym.

3. (True or False) Anonymity on the Internet is guaranteed.

Discussion Questions

1. What is “indecent material”? Does the definition of indecency vary by culture, and if so, is it

possible to block access to Web sites that originate in countries with a different indecency

standard?

2. Imagine that you work in a government agency, and one of your coworkers regularly posts

material you find offensive. Is this protected under the First Amendment?

Additional Projects

1. Write a paper comparing freedom of expression in the United States to freedom of

expression in Germany.

2. Design a computer usage policy for an IT company.

3. Write a paper that outlines the difficulty in designing legislation to control objectionable

material on the Internet, including a description of such attempts in the past.

Additional Resources

Key Terms

Anonymous expression—the expression of opinions by people who do not reveal their

identity

Anonymous remailer service—a service, which uses a computer program to strip the

originating header and/or IP number from the message, and then forwards the message to

its intended recipient

Anti-SLAPP laws—designed to reduce frivolous SLAPPs; most of it are designed to

quickly identify if there are any merits to the lawsuit and to keep lawyer fees to a minimum

Child Online Protection Act (COPA)—states that “whoever knowingly and with

knowledge of the character of the material, in interstate or foreign commerce by means of

the World Wide Web, makes any communication for commercial purposes that is available

to any minor and that includes any material that is harmful to minors shall be fined not

more than $50,000, imprisoned not more than 6 months, or both”

Children’s Internet Protection Act (CIPA)—an act passed in 2000, which requires

federally financed schools and libraries to use some form of technological protection (such

as an Internet filter) to block computer access to obscene material, pornography, and

anything else considered harmful to minors

First Amendment—an amendment that protects Americans’ rights to freedom of religion

and expression

Hate speech—persistent or malicious harassment aimed at a specific person, which can be

prosecuted under the law

Internet censorship—the control or suppression of the publishing or accessing of

information on the Internet

Internet filter—software that can be used to block access to certain Web sites that contain

material deemed inappropriate or offensive

John Doe lawsuit—a lawsuit in which the identity of the defendant is temporarily

unknown because he or she is communicating anonymously or using a pseudonym

Libel—a written defamatory statement

Section 230 of the CDA—it provides immunity to an Internet service provider (ISP) that

publishes user-generated content, as long as its actions do not rise to the level of a content

provider