CH. 3 Free Speech & Censorship in Cyberspace

Free Speech & Censorship

  • free speech as a basic right and an important social good

  • the dangers of censorship

  • speech-related issues that are often at root of ethical and public policy matters:

    • speech & privacy

    • speech & security

      • strong encryption protects speech but creates security issues

Speech & Internet Architectures

  • content controls & censorship are inconsistent with original design of Internet

  • the design has its roots in the U.S., a place where free speech rights have special prominence due to the First Amendment of the Constitution

Pornography in Cyberspace

  • Obscenity vs. pornography - Miller v. California

  • Communications Decency Act (CDA) - Reno vs. ACLU

  • Children’s Online Protection Act (COPA)

  • Children’s Internet Protection Act (CIPA) - signed into law in 2000

  • Challenges to CIPA

    • Multnomah Public Library v. U.S.

    • CIPA violated First Amendment

    • “Arbitrary & irrational”

    • CIPA upheld by Supreme Court in 2003

Automating Content Controls

  • Internet filtering

    • Cost-benefit analysis

  • Libraries & content controls

    • Does filtering of any kind compromise the mission of libraries?

    • Arguments for free speech restrictions for young children

New Censors & Controversies

  • Censoring the iPhone

    • Agree with Apple’s strict standards?

  • Video games

    • Do they deserve First Amendment protection?

    • Brown v. Entertainment Merchants Association

Hate Speech

  • Hate speech is protected in the U.S. by First Amendment

    • Snyder v. Phelps

    • Much less protection in European countries

  • Features of hate speech

    • Targets specific group

    • Expresses hatred

    • Causes harm

    • Incites bad action beyond speech itself

    • Facilitates violent response

    • Has no redeeming purpose

Online Threats

  • What is a real threat in cyberspace?

  • Nuremberg files

    • Planned Parenthood v. ACLA

  • Threats on social media

    • Anthony Elonis case

Anonymous Speech

  • Anonymizer tools

    • Remailers

    • Tor

  • Value of anonymous speech

    • Necessary condition for free speech under some exigent circumstances

Government Censorship

  • Censorship in countries like China, Egypt, & Iran

    • Dissident websites blocked by sophisticated filtering systems

  • Internet evolving into “nation-state networks”

    • Networks are linked by Internet protocols but are separate

  • China’s “Great Firewall”

    • Blocks web domains on “access control list”

      • Humanrightswatch.org

      • Chinalaborwatch.org

    • All email & texting monitored & censored if necessary

  • But only “porous censorship” achieved in China

  • Three methods to impede information flows in China:

    • Fear

    • Friction (firewall)

    • Flooding

  • LinkedIn & Google controversies

    • Google in China

    • LinkedIn Goes to China