Thinking about tech challenges to free speech New technologies always challenge old regulatory regimes—print, telegraph, telephone, radio, internet Why is it important? Neil Postman—the dominant technology in an age has a profound influence on what passes for Truth in that age… Indecency hits the airwaves—FCC v. Pacifica Foundation (1978)--pervasiveness, obscenity, broadcast regulation

Technology Cases ACLU v. Reno I--June 1997, 7-2, found CDA unconstitutional, internet is like print States attempt to control the internet American Library Assoc. v. Pataki--NY suit, nearly identical to CDA ACLU v. Miller--tried to ban anonymous speech on the web, unconstitutional ACLU v. Reno II--June 1998, 3-0 Circuit Court ruling, Child Online Protection Act is unconstitutional, imposes burden on speech protected for adults

Why is the Internet Different? Infinite number of information sources Lack of gatekeepers Parity among senders and receivers Extraordinarily low cost Jurisdictional problems

Technology and the First Amendment The naïve view--the Internet as the flowering of the marketplace of idea First amendment concerns Pornography (Rimm study, CDA, COPA) Privacy Issues (kids and cookies) Spam--unsolicited mass what about controls on non-commercial ? Hamidi v. Intel Library access and filtering (TN solution)