Internet Free Speech Issues and Implications
Abstract: The issue of free speech has been around since the founding fathers first ratified the constitution of the United States. With the emergence of new technology, especially the Internet, freedom of speech has been redefined and its limits tested. What are the limitations of free speech on the Internet, and how can they be enforced? These are the constitutional questions for the digital age.
Imagine being in your home, a bastion of privacy and comfort, and having someone scream racial slurs at you as you sit placidly in a comfortable chair. Unlikely, you say? Just visit the website of the Aryan Nation or the Klu Klux Klan. In this day and age when anyone can be a publisher by reading a book and clicking a mouse, the Internet is being used as a showcase for marginal and unpopular views that gives them a guise of authority and allows them to reach a wide audience. It is interesting to note that a similar phenomenon has occurred in the past when new types of media have appeared. The invention of the printing press allowed the ideas of the Protestant Reformation to spread quickly and to take hold in Europe. Without Gutenberg's genius, Luther's ideas may never have escaped Saxony.
Obscure topics such as methods of quilting used by the Amish at the turn of the 19th century may find expression on the Internet. Enthusiasts who were once isolated can communicate their love for quilting and can post their favorite patterns on a website for all to see and emulate. It is not just bland and acceptable information that creates communities, though. Forming interest groups on the Internet is also possible for bigots, racists, xenophobes and others. For t...
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2.A Gift of Fire, by Sara Baase. Copyright 1997, Prentice Hall.
3. www.epic.org/free_speech/cda/leahy_S213_statement.html : a statement on introduced bills and joint resolutions given during the debating of the Communications Decency Act
4. www.epic.org/cda : updates on the legal battle over the CDA from EPIC
5. www.cybercrime.gov/racismun.htm : A government site dedicated to the issues of cybercrime. This specific page deals specifically with first amendment rights.
6. www.coe.ilstu.edu/portfolios/javendano/landmark.htm : a site containing cases regarding free speech on college campuses
7. www.jmls.edu/cuber/cases/baker.html : page maintained by the John Marshall Law
School
8.www.cybercrime.gov/bombmakinginfo.html : 1997 report on the availability of
bombmaking information, prepared by the United States Department of Justice
Clear and Danger was evaluated in the First Amendment and guarantees the right of Freedom of Speech. I have two scenarios regarding clear and danger, the first scenario is Debs v United States. In this case Debs v United States, Debs felt that socialism is the answer; however, Deb’s was prosecuted for the remarks that he made. In addition, the speech that Deb gave wasn’t as harsh as made by others, for example, George McGovern made a remark about the Viet Nam War during his 1972 presidential bid which was very harsh. This process was done by using its weak form of the clear-and-present-danger test and Deb’s ended up being sentenced to a ten year sentence. In this case Deb’s couldn’t speak everything on his mind that he wanted which was a violation
This source supplies my paper with more evidence of how freedom of speech is in a dangerous place. American has always stood by freedom of speech, and to see how social media platforms try to manipulate and take off as the choose to increase slight bias is unpleasant. The article establishes a worry to the fellow readers that hold freedom of speech so high and that it is at risk. The article manages to explain why freedom of speech is in danger, and why there should be no limits to free speech.
The free speech clause in the Bill of Rights states: “Congress shall make no law…abridging the freedom of speech” (US Const., amend I). This clause, albeit consists of a mere ten words, holds much power and affluence in the American unique way of life. It guarantees Americans the right to speak freely without censorship by preventing the government from restricting the rights of the people to express their opinions. Consequently, this freedom can encourage citizens’ participation in politics; promote an adaptable and tolerant community; facilitate the discovery of truth; and ultimately create a stable nation. However, how much freedom should be granted to an individual? Where should the line be drawn for the coverage free speech protection? (1) What happens when the exercise of free speech puts other constitutional values in jeopardy? What values should prevail? (2) In an attempt to address these questions, many opposing interpretations have been presented. While some construe this clause in an absolute, categorical approach, others take on a more lenient, balancing stance. (1)
The daily struggle of the working class, fear of loneliness and the reality of putting all your energy into plans that fail are the different themes relating to John Steinbeck's novel, "Of Mice and Men". The characters depicted by the author are individuals who are constantly facing one obstacle after another. The book illustrates different conflicts such as man versus society, man versus man, man versus himself and idealism versus reality. The book's backdrop is set in the Salinas, California during the depression. The two main characters include two men, George and Lennie. Supportive characters include a few ranch hands, Candy, Crooks, Curly, Slim and Carlson.
I have been analysing the novella ‘Of Mice and men’ by John Steinbeck, which was published in 1937. Steinbeck wrote the novel based on his own experiences as a bindle stiff in the 1920’s, around the same time when the great Wall Street crash happened, causing an immense depression in America. Throughout the novel he uses a recurring theme of loneliness in his writing, which may have reflected his own experiences at this time. This is evident in his writing by the way he describes the characters, setting and language in the novel.
The story starts when two traveling laborers, named George Milton and Lennie Small, are on their way to a job loading barley at a California ranch. . They spend one night along the Salinas River before going to the ranch that they were to work at. Because Lennie is slow, mentally, George acts as Lennie's guardian. They have been traveling together for a long time, since the death of Lennie's Aunt Clara. Also, Lennie's habit of petting soft things, such as a mouse or a rabbit, often gets them into trouble, which forces them to find a new job. Their dream is to own their own place and be their own bosses in the future. In their farm, Lennie wants to take care of rabbits and grow vegetables for them.
The fundamental purpose of the first amendment was to guarantee the maintenance of an effective system of free speech and expression. This calls for an examination of the various elements which are necessary to support such a system in a modem democratic society. Some of these elements found early articulation in the classic theory of free expression, as it developed over the course of centuries; others are the outgrowth of contemporary conditions. More specifically, it is necessary to analyze what it is that the first amendment attempts to maintain: the function of freedom of expression in a democratic society; what the practical difficulties are in maintaining such a system: the dynamic forces at work in any governmental attempt to restrict or regulate expression; and the role of law and legal institutions in developing and supporting freedom of expression. These three elements are the basic components of any comprehensive theory of the first amendment viewed as a guarantee of a system of free expression.
Written in 1937, Of Mice and Men, by John Adolf Steinbeck Jr., American author and Pulitzer Prize winner, follows the lives of downtrodden farmhands, George and Lennie. As with many of Steinbeck's books, the themes in Of Mice and Men include his favored themes of class warfare and oppression of the working class. Steinbeck also focuses his literature on the power of friendship and the corrupt nature of mankind. In 1993, Professor Thomas Scarseth wrote a critical analysis of the novella analyzing many aspects of Steinbeck’s work including the presentation, themes, and writing style. In his essay, Scarseth explains the key themes of the Novella. He noted that the corrupted nature of man, the injustice of life, and the power of friendship were three important themes of the book. Much of Scarseth’s analysis contained numerous thoughtful insights. Were his insights and opinions valid, or were his, and Steinbeck’s, perspectives on these issues flawed?
Today, the world is connected digitally through the internet. Here, we can see many cases of anger and or racism daily. The Internet helps us see the severity of the issue with anger and “symbolic racism”, for it is widely understood that it does not matter what race or gender you are to experience or express the emotion anger in a racist way towards others. (Redlawsk. et al. pg. 681). Many racist acts are displayed daily on social media, yet no solid understanding is presented as to why it happens in its totality. It is more common to see these types of acts nowadays, even though we are more educated on the matter. It may be that “people use the internet as an artificial platform to express their emotions” including anger and racism. In an article published in the UK, Shakuntala Banaji claims Social Media is a “potentially therapeutic resource, for those needing the validation of their racist or anti-racist views”. (Shakuntala n.p.) Based on Shakuntala’s observation, technology is playing an instigative role in this phenomenon. Some use the internet to release, and more times than less fuel their anger. Even so, social media isn’t necessarily just a negative factor on the issue of anger and racism, for it also exposes other factors that may help understand the subject in a broader spectrum. The internet allows us to view these acts of anger being portrayed by
ProQuest Staff. “First Amendment Rights Timeline.” Leading Issues Timelines. 2013: n.p. SIRS Issues Researcher. Web 04 Dec 2013
As case and point, “the impact of the Internet is far greater than any other communicative tool in the history of mass communications” (Elliot, 2008, para. 1). With an expansive, yet extremely convenient means to electronically join people through business, relationships, education and more, Sociology assumes the ...
The Bill of Rights has gained existence since December 15, 1791. Being supported mainly by anti-federalists, the Bill of Rights upheld what was needed to protect individual liberty. From the ratification we have our first ten amendments. The most important and used today is the first amendment. The amendment states “Congress shall make no law respecting… petition the government for a redress of grievances.” This amendment is very powerful but cannot be overly abused. Over time the freedom of speech has been constricted. There are many court cases that display the limitation of free speech. Environmental factors and certain materials are not covered in free speech. To understand our rights and know how and when our rights are limited, we must
The internet has been one of the most influential technological advancements of the twenty-first century. It is in millions of homes, schools, and workplaces. The internet offers not only a way of communicating with people around the world, but also a link to information, shopping, chatting, searching, and maps. This freedom to be anyone and to "go" anywhere right from the comfort of home has become a cherished item. However, there is always a down side to every up. Because of the freedom to post anything and access anything on the internet, the issue of regulation has arisen; for example, what should and should not be allowed on the internet? Who has the right to regulate this space that we cherish for its freedom?
The Internet provides a gateway for an individual to speak freely and anonymously without being targeted to what he or she said. With this said, one of the biggest issues concerning the Internet today is freedom of speech. The issue of free speech on the Internet has been a topic of discussion around the world within the past years. It is a unique communication medium and is powerful than the traditional media[2]. Because the Internet can not be compared equally to other mediums of communication, it deserves the utmost freedom of speech protection from the government. The restriction of speech on the Internet takes away from individual's rights and freedom from experiencing the Internet's benefits and uses. Information found on the Internet is endless and boundless and this poses the question, "should the government be allowed to regulate the information and content being transmitted or posted online?"
The Internet along with other technologies has opened channels of communication. Not only has the Internet played a great role in forming international public opinions regarding the United States throughout the Middle East, Asia, and Western Europe, but it has also helped to democratize the rest of the world by allowing them to voice their own opinions. However, sometimes the incited cyber public opinions would lead to some extremely negative behaviors and cause serious problems like cyber bullying, real life crimes, and even a long time social unrest.