Free Speech in Cyberspace
ABSTRACT: Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible.
Reno v. ACLU is the 1997 landmark decision by the U.S. Supreme Court providing sweeping free speech protection on the Internet. Understandably, commentators from legal and political spheres have discussed the case in terms of familiar First Amendment issues, including precedents from telecommunications law, the long-recognized exception to free speech for "obscenity," and concern for the exposure of children to inappropriate materials.
Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I will analyze their apparent awareness of ontological issues and problems with their approaches. I also will argue that their current ontological assumptions might have left open the door to future suppression of free speech as the technology progresses.
How do ontological assumptions open the door to censorship? Zoning in the physical world has long been established as a way to segregate "adult" entertainment from minors, as with the creation of adult book store and entertainment zones. So far, at least, most of the justices seem to agree that such zoning is not possible in cyberspace, and, therefore, that adult zones for certain forms of expression are not possible either. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent and thus impossible.
The 1906 San Francisco Earthquake hit the Northern California coastline. The San Andreas fault shook 296 miles of the coast causing major damage throughout San Francisco, destroying about 80% of the city. Fires broke out throughout the city that lasted for several days. This was one of the worst Earthquakes recorded in history, killing 3,000 people.("The Great 1906 San Francisco Earthquake")
The case that I chose to analyze is Reno v. ACLU. It is the first Internet related U.S. Supreme Court case ever to be decided. Seven of the justices found the argued provisions of the Communications Decency Act (CDA) were unconstitutional under the First Amendment. The court found that the Internet is similar to a shopping mall or library not a broadcast medium as the government refered to it. The majority opinion for this case was that the Internet is a unique marketplace for ideas. The ruling states that while there is a large amount of pornographic material out there, it normally isn’t come across on accident. They stated that the CDA already holds back a good amount of speech that is alright for adult to adult conversations, which they do have a constitutional right to receive. While they recognize the CDA efforts to protect children from harmful speech and pornographic material, it still does not justify the unnecessarily broad suspension of speech. The final outcome was that they found that what the CDA was trying to do would violate speakers messages who are rightfully protected under the First Amendment.
Stetson, James B. Narrative of My Experiences in the Earthquake and Fire at San Francisco. Palo Alto, CA: Lewis Osborne, 1969. Print.
On October 17, 1989, a magnitude 6.9 earthquake hit the San Francisco Bay Area. Killing 67 people and causing more than $5 billion in damages. Despite the fact that the disaster was one of the most powerful and destructive quakes ever to hit a populated area of the United States, the death toll was relatively small.
Female Genital Mutilation, shortened to FGM in most medical texts, is “collective name given to several different traditional practices that involve the cutting of female genitals.” FGM is a common cultural practice in many parts of the world, especially Africa and Asia that was established hundreds of years ago. There are many different types of FGM, ranging from clitoridectomy, to cutting and infibulations (Skaine 7). Even though these procedures are accepted in the areas they are practiced, FGM has become a human rights discussion resurfacing in recent years because the procedures serve no purpose. Female Genital Mutilation is an unethical practice that should be outlawed throughout the entire world.
... Study Using Female Genital Mutilation”. Health and Human Rights. The President and Fellows of Harvard College. Vol. 2, No. 2 (1997), pp. 137-146. Web.
The horror of female genital mutilation is a global issue, and it is also one surprising foreign to Americans although an estimated ten thousand girls in the United States are currently at risk of this operation (Sarkis par. 1). This is a cultural practice that is both unethical and incredibly detrimental to its victims besides obviously being in direct violation of basic human rights. In order to attain a broader view of this issue the following will be examined: basic information about this practice, organizations fighting it, current news pertaining to it, recent academic articles evaluating it, and the question of how it can be stopped.
Thesis Statement: The continued "underground" practice of FGM (Female Genital Mutilation) must be stopped in order to protect women throughout the world from a useless, unnecessary procedure that has been supported by male dominating societies as a means of control, at the expense, and lives, of women.
When we think of San Francisco we think of a city vibrant, full of life, with activity, a city thriving. A population with over three hundred forty two thousand people in 1900. This happened to be one of the largest cities, as a matter of fact San Francisco was the ninth largest city in the nation. Rich in development and very influenced by the location San Francisco was the entrance to one of the best natural known harbors.
The article Female Genital Mutilation: Crime or Culture, addresses the concerns shared by many around the world about this heinous practice. This procedure that is common practice for mostly Muslims and some Christians in Africa and other parts of the Middle East, for the most part is viewed as unacceptable and a violation of girl’s and women's’ rights that can potentially have lasting physical and emotional consequences. Physical consequences can include include infection and death, not to mention the pain incurred during the procedure, which takes place with no anesthetic. On the emotion side, being circumcised as a female takes away any pleasure a woman could have from sexual intercourse. It makes a woman an object that is controlled by a man. Supporters of female circumc...
Female genital mutilation is such a brutal and barbaric practice that it is amazing it is still occurs today. The health hazards associated with it should be enough to have it terminated. However, the reasons women have forgoing through with the operation is the custom of female genital mutilation is so engrained in their sociocultural system. The importance of family honor, virginity, chastity, purity, marriageability, and childbearing in these societies cannot be overstressed. Therefore in the minds of the people who adhere to this belief, the benefits gained from this operation for the girl and her family far outweigh any potential danger.
The internet has been one of the most influential technological advancements of the twenty-first century. It is in millions of homes, schools, and workplaces. The internet offers not only a way of communicating with people around the world, but also a link to information, shopping, chatting, searching, and maps. This freedom to be anyone and to "go" anywhere right from the comfort of home has become a cherished item. However, there is always a down side to every up. Because of the freedom to post anything and access anything on the internet, the issue of regulation has arisen; for example, what should and should not be allowed on the internet? Who has the right to regulate this space that we cherish for its freedom?
There are two real issues at stake when looking at this controversial topic. The first issue is finding a way to protect our children from potentially damaging material. There are advocates to censoring the Internet and removing this type of material because it will help shelter our children from this type of content. On the other hand, Free Speech advocates believe that it is the individual citizens right to have access to this typ...
Imagine an innocent five year old girl told to wake up in the early morning under the pretext we will go to a market and we will buy you a new dress but instead blind folded and held down by strong adult hands and your genitals mutilated without any anesthesia or pain killer. This is the horrific practice a large number of girls going through. According to the World Health report “More than 125 million girls and women alive today have been cut 29 countries in Africa and Middle East where FGM is concentrated and if there is no reduction in the practice between now and 2050, the number of girls cut each year will grow from 3.6 million in 2013 to 6.6 million in 2050(UNICEF, 2013 PP 2).” As you read this paper you can imagine how many innocent little girls go through unbearable pain everyday and forced to live with the consequences of female genital mutilation for the rest of their life. In this paper I will discuss Why Female genital Mutilation is a public health issue and show the interdependence of the five public health dimensions to the topic.
A recent topic of interest at an international level is the issue of female genital mutilation and or cutting. Female genital mutilation refers to “piercing, cutting, removing, or sewing closed all or part of a girl’s or woman’s external genitals for no medical reason.” (WomensHealth 2015). FGM affects the health of girls and women in negative ways; it causes implications for the reproductive and sexual health, as well as mental health. FGM is a violation of human rights of girls and women. FGM violates principles of equality and non-discrimination as well as the right to freedom from “torture or cruel, inhuman or degrading treatment. FGM also violates a person’s right to the “highest attainable standard of health” (WomensHealth 2015) considering