Freedom of Expression Summary
The first amendment protects the right to freedom of religion and freedom of expression from government interference. However, people must make ethical decisions about how to use these this freedom and power. The right to freedom of expression is restricted when the expressions, written (libel) or spoken (slander), are untrue and cause harm to another person.
The Communications Decency Act (CDA)- aimed at protecting children from online pornography. Imposes $250,000 fines and prison terms of up to two years for the transmission of "indecent" material over the Internet.
The Child Online Protection Act (COPA)- restricting acess of minors to any material defined as harmful to such minors on the Internet. However, the United States Federal Court has blocked it taking effect because it vilates the first amendment.
Internet fliter is a software that can be installed with a Web browser to block access to certain Websites that contain inappropriate or offensive material. The best internet filters use a combination of URL filtering, keyword filtering, and dynamic content.
The principle of annonymous expression allows people to state their opinions without revealing their identity. This is an important right in a democratic society, but it can also be used to commit illegal and unethical practices if used wrongfully.
National Security Letters (NSL) requires financial institutions to turn over electronic records about the finances, telephone calls, e-mail, and other personal information of suspected terrorists or spies. In recent years, the power and scope of NSL has been expanded to the point that some people think they're not a threat to freedom of speech.
Persistent or malicious harassment aimed at a specific person can be prosecuted under the law, but general, broad statements expressing hatred of an ethinic, racialm or religious group cannot. Some ISP providers, including AOL states in their contract with their subscribers that sending hate messages using their services is prohibited. Becuase this is stated in the contract, it does not violate the First Amendment.
Discussion Question #3
Q: What can an ISP do to limit the distribution of hate e-mail? Why are such actions not considered a violation of the subscriber's First Amendment rights?
A: Anyone can send hateful e-mails and avoid easy identification by using a remailer service that guarantees complete anonymity. From time to time, America Online and other ISPs have voluntarily agreed to prohibit their subscribers from sending hate messages using their services. Because such prohibitations are included in the service contracts between a private ISP and its subscribers and do not involve the federal government, they do not violate the subscribers' First Amendment rights.