As you read this chapter, consider the following questions: * What is the basis for the protection of freedom of expression in the United State, and what types of speech are not protected under the law? * What are some key federal laws that affect online freedom of expression, and how do they impact organizations? * What important freedom of expression issues relate to the use of information technology? * What key free-speech issues relate to the use of information technology? * In what ways does the internet present new challenges in the area of freedom of expression?
First Amendment Rights * Right to freedom of expression * Important right for free people everywhere * Guaranteed by the First Amendment
* Definition of free speech includes : * Nonverbal, visual, and symbolic forms of expression * Right to speak anonymously
* Not protected by the First Amendment * Perjury * Fraud * Defamation * Obscene speech * Incitement of panic * Incitement to crime * “Fighting words” * Sedition
Obscene speech * Speech is consider obscene when * Average person finds the work appeals to the prurient interest * Work depicts or describes sexual conduct in an offensive way * Lacks serious literary, artistic, political, or scientific value
Defamation
* Publication of a statement of alleged fact that is * False * Harm another person * Harm is often of a financial nature * Slander * Oral defamatory statement * Libel * Written defamatory statement
Freedom of Expression: Key issues
* Controlling access to information on the internet * Anonymity * Defamation * Hate speech * Pornography * Corporate blogging
Controlling access to the information to the internet
* Freedom of speech on the internet is complicated by children’s access * Communication Decency Act (CDA) * Aimed at