Chapter 5 Freedom of Expression

First Amendment

“Congress shall make no law respecting an establishment of religion, or prohibiting the 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.

Miller v. California

Established a test to determine if material is obscene

Defamation

A statement of alleged fact that is false and that harms another person

Slander

An oral defamatory statement

Libel

A written defamatory statement

Telecommunications Act:

its goal was to promote free competition among phone, cable, and TV companies

Communications Decency Act (CDA)

Title V of the Telecommunications Act; aimed at protecting children from pornography

Child Online Protection Act (COPA)

Passed in 1998; imposes penalties for exposing minors to harmful material online

Internet filter

Software that blocks access to certain websites that contain material deemed inappropriate or offensive

Children’s Internet Protection Act (CIPA)

Passed in 2000; requires federally financed schools and libraries to block computer access to obscene material, pornography, and anything else harmful to minors

Digital Millennium Copyright Act (DMCA)

Passed in 1998; addresses a number of copyright-related issues

Internet censorship

The control or suppression of the publishing or accessing of information online

Strategic Lawsuit Against Public Participation (SLAPP)

A lawsuit employed by corporations, government officials, and others against citizens and community groups who oppose them on matters of public interest

Anonymous expression

Opinions expressed by people who do not reveal their identity

Doxing

Doing research online to obtain someone’s private personal information—such as home address, email address, phone numbers, and place of employment and then posting that information online

Anonymous remailer service

Strips originating header and/or IP number from emails before sending the message to its intended recipient

John Doe lawsuit

A lawsuit filed by an aggrieved party against a defendant whose identity is temporarily unknown because the person is communicating anonymously or using a pseudonym

Hate speech

Persistent or malicious harassment aimed at a specific person

Sexting

Sending sexual messages, nude, or seminude photos, or sexually explicit videos over a cell phone

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

Specifies requirements that commercial emailers must follow when sending messages to advertise or promote a commercial product or service