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Richard Spinello Free speech in cyberspace
Richard Spinello Free speech in cyberspace
Richard Spinello Free speech in cyberspace
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The Internet offers a much greater potential for interactive communication between information senders and receivers than the more traditional methods of communication such as newspaper, radio and television. Freedom of speech ascertained by the constitution is not an absolute right. Depending on the medium through which information is delivered various degrees of the freedom to express one's self is protected. Internet communication may be analogous to either a specific existing communication medium or even several. Current free speech protection begins to dissipate as it is applied to the uncertain confines of the newly developed Cyberspace.
The traditionalist approach to free speech protection is centered on core values and yields results that are basically neutral so that content allowed through one communication medium is permissible in all media.Freedom of speech and of the press is a basic tenant of United States constitutional law. Perhaps concern for the English use of prior restraint (licensing of press) and seditious libel was the reason for including the first amendment in our bill of rights. When the first amendment became law the printed page was the most widely used non-verbal medium of speech. Speech, as we understand it, involves more than verbal communication. Speecht includes pictures, movies, radio, television and expressive conduct [Shelton v. Tucker, 364 US 479 (1960)].
As technology advanced and additional communication medium developed, speech was given various levels of first amendment protection depending on the medium through which the information was delivered.Cyberspace is a network of computer systems permitting literally millions of people to communicate with one another on an hourly basis. Cyberspace may mirror other types of communication medium singularly or several at one time. Current free speech protection approaches break down when applied to Cyberspace since one may prohibit speech when delivered by one medium but permit identical speech delivered via a different medium. A core values approach protects identical speech regardless of the medium in which it is delivered. So it is a foundation for Cyberspace and promotes development of new technology.
That, "Congress shall make no law..., or abridging the freedom of speech", suggests an absolute right to speak. Justice Black dissenting in Konigsberg felt that freedom of speech was absolute [Konigsberg v. State Bar of California, 366 US 36 (1961)]. Justice Harlan writing for the majority rejected an absolute right, noting that protected freedom of speech was less than an unlimited license to talk.
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
One key to the first amendment of the United states constitution is the right to free speech. Freedom of speech is what separates America than other countries around the world that forbid freedom of speech rights. Freedom of speech has been in our constitution since the year 1791. When James Madison “the father of the constitution” wrote the bill of rights he saw potential and that it would make the country more freedom filled than other countries. The land of the free is what the United States is nicknamed and it 's because of our rights to express ourselves as freely as we desire.
Herbeck, Tedford (2007). Boston College: Freedom of Speech in the United States (fifth edition) Zacchini vs. Scripps-Howard Broadcasting Company 433 U.S. 562 Retrieved on March 2, 2008 from http://www.bc.edu/bc_org/avp/cas/comm/free_speech/zacchini.html
According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).
The First Amendment protects the right of freedom of speech, which gradually merges into the modern perspective of the public throughout the history and present. The restriction over the cable TV and broadcast media subjected by the Federal Communications Commission violates the freedom of speech, irritating the dissatisfied public by controlling over what can be said on the air. Should the FCC interfere with the free speech of media? The discretion of content being presented to the public should not be completely determined by the FCC, but the public in its entirety which enforces a self-regulation with freedom and justice, upholding and emphasizing the freedom of speech by abolishing the hindrance the FCC brought.
The Case Against Censorship Under the first amendment of the Constitution, the Founding Fathers granted and promised all citizens of the United States of America the right to free speech. Free speech may seem like it only covers the most obvious form of the phrase; it allows the people to say anything they wish to say. In actuality, free speech headlines a broad category of rights. For instance, by being guaranteed the freedom of speech, the American people are also granted the freedom to write what they wish to write, criticize the government without repercussion, participate in symbolic speech, and protest political issues (Administrative Office of the U.S. Courts N. pag.). Typically, it can be observed that the people as a whole accept the
Yalof, David and Kenneth Dautrich. The First Amendment and the Media in the Court of Public Opinion. New York: Cambridge University Press, 2002.
The right to freedom of speech is a cornerstone of the bill of rights and the American system of government, but this freedom is not without limits.
The civil liberties that the American people have are inalienable rights. The most important of these is the freedom of speech. Yet freedom of speech is not entirely protected; using hurtful, false, or damaging speech is not allowed. But how can the American government control something as basic as speech? There are laws against libel and slander but how are they perpetrated? This essay will explain how the court cases and laws have evolved and been clarified throughout America’s history up to present day.
Freedom of speech might be the most useful and righteous freedom a citizen could be granted with. As technology improves and society becomes more and more modernized, people get more comfortable with the social media and tend to express themselves more on those tools.As one knows, there are specific ways to express opinion or address to people and social media require specific manners and would not advise publicly intimidating another no matter what the situation is or was. That is the case for Anthony Elonis whose case will be studied and elaborated in this assignment.
"In a nation known for freedom, many of its citizens frequently proclaim their rights. However, the United States still has a duty to its people monitor some internet content. The constitution was written in a time before light bulbs. As a result, many of our modern technological forms of communication are not covered. According to the first amendment, we have freedom of speech, but when that freedom tramples on the rights of others, the government needs to step in and defend those rights.
The "Information Superhighway", or internet, is a powerful medium for today's information driven society. From it's humble beginnings as a series of networks established to help the military and government share resources, it has become a place for people to engage in commerce and also for people to interact socially in both business and personal faculties. Along with the excellent opportunities for meaningful communication in this new atmosphere, <cite>the Internet has evolved as an open, democratic cybersociety marked by free speech and volunteerism. It is a community gathering place for people to share ideas, concerns, stories and opinions, and to give help and assistance to one another.</cite> (Mills-Scofield) There has also arisen a series of problems. Whenever any major development in society is conceived, such as when telephones were introduced, problems ensue. The Internet, because of it's modern nature is not really well dealt with when it comes to existing ethical and moral issues. Being that the Internet has fostered a new class of community that requires a unique category of moral values and ethical considerations. Things are always going to be dealt with differently when it comes to any revolutionary type of medium. For instance how can interstate trade be regulated by the federal government when it is electronically transmitted information? It is a whole new category, How could the constitution have predicted? Although there are many differences, <cite>The Internet mirrors today's society to a large degree, with its blend of good and bad. Many of the issues facing the U.S. and the world, such as those related to race or gender, for example, are also issues on the Internet. And various subcultures, such as militias, GenX and philosophical movements, are represented.</cite> (Mills- Scofield) They go on further to say, <cite>Like all societies, the Internet has its unwritten rules--its"netiquette.
Since the foundation of the United States after a harsh split from Britain, almost 200 years later, an issue that could claim the founding grounds for the country is now being challenged by educators, high-ranking officials, and other countries. Though it is being challenged, many libertarians, democrats, and free-speech thinkers hold the claim that censorship violates our so-called unalienable rights, as it has been proven throughout many court cases. Censorship in the United States is detrimental because it has drastically and negatively altered many significant events.
The first amendment to the constitution reads: "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." (Constitution) We as Americans have the right to speak our minds. We are able to criticize the government and voice our opinions in the form of voting and political debate. This is not only a right, it is vital for the survival of our country. The internet is no stranger to free speech debates. In early 1996 the Communications Decency Act was passed. This act prevented "indecent" and "patently offensive" content which included profanity and many works of classic literature that contained such material. No less than 6 months later, the CDA was ruled unconstitutional by the Supreme Court. In 1997 the Supreme Court granted the Internet full protection under the 1" amendment entitling it the same freedoms of print media. Two sides are now battling on a new front: the abuse of 1" amendment in cyber space through the exchange of illegal material. I will discuss this issue in more detail later.
[4] “Motivating a Human Rights Perspective on Access to Cyberspace: The Human Right to Communicate”. CPSR Newsletter Vol. 18, Number 3.6 June2003 http://www.cpsr.org/publications/newsletter/issues/2000/Summer2000/mciver.html