SOCIAL AND PROFESSIONAL ISSUES
Freedom of Expression
Module 2
Module 2
Freedom of
Expression
Intended Learning Outcomes
-–Know the legal basis for the protection of freedom of speech;
– Discuss some key federal laws that affect online freedom of expression, and how
do they impact organizations;
– Know how the Internet present new challenges in the area of freedom of
expression; and
– Understand the issues related to the use of information technology.
First Amendments Rights
-The Internet enables a worldwide exchange of news, ideas, opinions,
rumors, and information.
-Its broad accessibility, open discussions, and anonymity make the Internet a
remarkable communications medium.
-People must often make ethical decisions about how to use such remarkable
freedom and power.
-The right to freedom of expression is one of the most important rights for
free people everywhere.
-In other words, the First Amendment protects Americans’ rights to freedom of
religion, freedom of expression, and freedom to assemble peaceably.
First Amendments Rights
-The Supreme Court has held that the following types of speech are not
protected by the First Amendment and may be forbidden by the government.
• Obscene Speech
-An obscenity is any statement or act which strongly offends the prevalent
morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or
disgusting, or is especially inauspicious.
First Amendments Rights
• Defamation
-also called calumny, vilification, traducement, slander (for transitory
statements), and libel (for written, broadcast, or otherwise published words).
-The two different types of defamation are: Slander and Libel.
-Although people have the right to express opinions, they must exercise care in
their Internet communications to avoid possible charges of defamation.
Freedom of Expression: Key Issues
-Information technology has provided amazing new ways to communicate
with people around the world.
-Some of the key issues are: controlling access to information on the Internet,
Internet censorship, strategic lawsuits against public participation, anonymity in
the internet, john doe lawsuits, hate speech, pornography and fake news.
Freedom of Expression: Key Issues
-Information technology has provided amazing new ways to communicate with
people around the world.
-Some of the key issues are: controlling access to information on the Internet,
internet censorship, defamation, hate speech , and pornography.
(1) Controlling Access to Information on the
Internet
-One of the main reasons to support control of access to information in the
internet is the children’s capability of accessing the Internet.
The Communications Decency Act(CDA).
-This act aimed at protecting children from online pornography. The CDA
imposed $250,000 fines and prison terms of up to two years for the
transmission of ―indecent‖ material over the Internet.
-An Internet filter is software that can be used to block access to certain
websites that contain material deemed inappropriate or offensive.
(2) Internet Censorship
-is the control or suppression of the publishing or accessing of information on
the Internet.
-Government entities may pressure ―upstream‖ Internet service providers
• limit access to certain websites
• allow access to only some content or modified content at certain websites
• reject the use of certain keywords in search engines
• track and monitor the Internet activities of individuals.
(3) Strategic Lawsuit Against Public
Participation
-A strategic lawsuit against public participation (SLAPP) is employed by
corporations, government officials, and others against citizens and community
groups who oppose them on matters of public interest.
(4) Anonymity on the Internet
-Anonymous expression is the expression of opinions by people who do not
reveal their identity.
-Anonymity is even more important in countries that don’t allow free speech.
-Doxing involves doing research on the Internet to obtain someone’s private
personal.
(5) John Doe Lawsuits
-Businesses must monitor and respond to both the public expression of
opinions that might hurt their reputations and the public sharing of confidential
company information.
-When anonymous employees reveal harmful information online, the potential
for broad dissemination is enormous.
-An aggrieved party can file a John Doe lawsuit against a defendant whose
identity is temporarily unknown because he or she is communicating
anonymously or using a pseudonym.
(6) Hate Speech
-Persistent or malicious harassment aimed at a specific person is hate speech,
which can be prosecuted under the law.
• A threatening private message sent over the Internet to a person
• A public message displayed on a website describing intent to commit acts of
hate-motivated violence against specific individuals
• libel directed at a particular person are all actions that can be prosecuted
(7) Pornography on the Internet
-Many people, including some free-speech advocates, believe that there is
nothing illegal or wrong about purchasing adult pornographic material made by
and for consenting adults.
-On the other hand, most parents, educators, and other child advocates are
concerned that children might be exposed to online pornography.
Sexting—sending sexual messages, nude or seminude photos, or sexually
explicit videos over a cell phone—is a fast-growing trend among teens and
young adults.
(8) Fake News
-Blogs
-Fake news sites
-Social media sites
References
Blundell, B. (2020). Ethics in Computing, Science, and Engineering: A Student’s Guide to Doing
Things Right 1st ed. 2020 Edition: Springer.
Hauptman, R. (2019). The Scope of Information Ethics: Challenges in Education, Technology,
Communications, Medicine and Other Domains: McFarland.
Kizza, J.M. (2019). Ethical and Secure Computing: A Concise Module (Undergraduate Topics in
Computer Science) 2nd ed.:Springer.
Reynolds, G. (2018). Ethics in Information Technology: Cengage Learning.
Kizza, J.M (2017).Ethical and Social Issues in the Information Age 6th ed: Springer.
Whitmant, M. Mattord, H. (2017). Principles of Information Security 6th Edition: Cengage Learning.
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