FREEDOM OF SPEECH COSC 380 Eric Carroll Courtney Wirtz Adolphe Ngabo

ROAD MAP  3.1 Changing Communications Paradigms  3.2 Controlling Offensive Speech  3.3 Censorship on the Global Net  3.4 Political Campaign Regulations in Cyberspace  3.5 Anonymity  3.6 Protecting Access and Innovation: NET Neutrality or Deregulation  Case Studies Mark Byron lawsuit Law Enforcement vs. Public

 Congress shall make no law… abridging the freedom of speech, or of the press… (First Amendment, U.S. Constitution)

REGULATING COMMUNICATIONS MEDIA  Publishing We do not need expensive printing presses or complex distribution systems. We need only a: Computer Modem or Cell Phone  First Time In History (Relation with First Amendment) Have a many-to-many medium Don’t have to be rich to speak your mind to an editor or publisher

FIRST AMENDMENT  Written precisely for offensive and/or controversial speech and ideas.  Covers spoken and written words, pictures, art, and other forms of expression of ideas and opinions.  Restriction on the power of government Publishers do not have to publish material they consider offensive or poorly written.  “Chilling Effect” When a government action or law causes people to avoid legal speech and publication out of fear of prosecution. Courts generally rule that laws with significant chilling effect are unconstitutional.

OFFENSIVE SPEECH  What is offensive speech? It could be political or religious speech, pornography, racial or sexual slurs, or information on how to build bombs.  Case Studies State of Georgia tried banning pictures of marijuana from the Internet. Chinese government restricts reporting of emergencies(such as major accidents or disasters) and how the government handles them. French government approved a law banning anyone except professional journalists from recording or distributing video of acts of violence.

CENSORSHIP ON THE GLOBAL NET  Censorship in China  Censorship in France  Aiding foreign sensors

POLITICAL CAMPAIGN REGULATION ONLINE  Campaign laws collide with internet  FEC (Federal Election Commission) ruling  Supreme Court ruling

ANONYMITY  Anonymity is protected by the First Amendment  Who uses anonymity services: individuals businesses law enforcement agencies government intelligence services  Services available on internet to send anonymous

ANONYMITY (CONT.) Reasons to be Against Anonymity:  Fear People fear that it hides crime or protects criminals. Some reviews(mostly positive) may actually be from the author, publisher, seller, or their friends  U.S. and European countries wants to establish laws that require ISPs to maintain records of the true identity of each user and maintain records of online activity for potential use in criminal investigations.

PROTECTING ACCESS AND INNOVATION  Net Neutrality Argue for equal treatment of all customers  De-regulation Flexibility and market incentives will benefit customers  Questions that rise: Should companies be permitted to exclude or give special treatment to content transmitted based on the content itself or on the company that provides it? Should companies be permitted to provide different levels of speed at different prices?

CASE STUDIES  Mark Byron Vs. Elizabeth Byron Divorce over domestic violence  Law Enforcement vs. Public Who has the authority to enforce freedom of speech Should Law enforcement have different treatment with freedom of speech Who is protected by the First Amendment

MARK BYRON VS. ELIZABETH BYRON  Nov 13,2011 : Mark Byron posts on his Facebook wall “...if you are an evil, vindictive woman who wants to ruin your husband’s life and take your son’s father away from him completely — all you need to do is say that you're scared of your husband or domestic partner...”  Court Decision Mark Byron to post apology statuses once/day for 90 days or face 30 days in jail

LAW ENFORCEMENT VS. PUBLIC  Example Steven Howards is heard saying on the cellphone that he plans to ask Mr. Cheney “how many kids he’s killed today.” Steven Howards later approached Mr. Cheney and said “ The administration’s policies in Iraq are disgusting.” Steven is arrested by Secret Service Steven argues that if secret service do not want people sharing their opinions, they should not have Mr. Cheney in public places.  Issues that rise: Should Secret service have different treatment regarding Freedom of Speech

LAW ENFORCEMENT VS. PUBLIC (CONT.)  Example 2  Bumper sticker that says : “I hate the police!” What happens when you get pulled over? Can You say whatever you want to a police officer?

QUESTIONNAIRE 1.Do you agree or disagree with the Mark Byron case study? 2.Do you agree or disagree with the arrest of Steven Howards?

CONCLUSION  3.1 Changing Communications Paradigms  3.2 Controlling Offensive Speech  3.3 Censorship on the Global Net  3.4 Political Campaign Regulations in Cyberspace  3.5 Anonymity  3.6 Protecting Access and Innovation: NET Neutrality or Deregulation  Case Studies Mark Baron lawsuit Law Enforcement vs. Public