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" Benjamin Franklin, one of the Framers of the U.S. Constitution, once said, ""Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."" In the twenty-first century, equal access to the internet has become a cornerstone of life, an essential part of every single day. If we allow the internet to become regulated, by any means, then we are giving up something that has become an essential liberty to the people of the United States.
The internet has become a platform for various forms of speech, a new way of communication that connects the entire world within seconds. As the internet has become a new form of speech, the First Amendment right to Freedom of Speech must, therefore, apply to the internet. Just as the protections of the First Amendment were extended to symbolic speech in the 1989 U.S. Supreme Court case Texas v Johnson so to must these protections be extended to content found on the internet. The U.S. Supreme Court recognized that there are various forms that speech may take on, whether it
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The instant that the government is able to regulate internet content, then the first steps away from democracy have been taken. The ability to monitor and regulate internet content would allow a form of government censorship that has been struck down by previous U.S. Supreme Court cases such as the 1971 case of The NY Times Co. v. The United States in which the court sided with the NY Times and found that the government was not allowed to regulate publications because it disagreed with the content. The internet has become an important source of news for individuals. Papers and magazines have been replaced by online articles and news sites and as a result, any form of regulation by the government would be in violation of the U.S. Supreme Court decision in The NY Times Co. v. The United
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.
If anyone is offended by what is said on the internet, then they can remember to not visit the webpage next time and hold themselves accountable. This paper will examine the issue of internet censorship constituting a violation of the American people, individual rights, common good, and the constitution. Many laws were proposed to censor the internet, most fail in Congress but 3 have succeeded.... ... middle of paper ... ...
The article “Be Realistic, Demand the Impossible: Three Radicaly Democratic Internet Policies” by Robert McChesney provides us with a look into the world of corrupt internet policies and explains why they should be reformed. McChesney argues that internet policy is determined by a small percentage of the wealthy population and is not a free enterprise (92). He insists that the policy be amended so that the internet can become a force of democracy (93). He suggests change by proposing three policy ideas (93). According the McChesney, in order for the internet to become a platform of true democracy we must end the ISP cartel, treat monopolies like monopolies and treat journalism like a public good (93).
The evolution of the Internet started from the department of defense's project, and rapidly distributed to world wide. With the rise of the Internet age comes with the benefits and the concerns. Because of the easeness to communicate information and displaying data, the first amendment needs to be applied to this communication channel. How are we using and communicating information without offending and harm others? Since the evolution of the Internet, there has been acts from Congress to regulate the use the Internet such as the Communications Decency Act in 1996 and the Child Online Protection Act in 1998. These acts aim to forbid Internet users from displaying offensive speech to users or exposing children of indecent materials. The Internet raises other issues that people might have. The biggest and most debatable topic is the privacy issue. Is the Internet a safe place to protect personal information such as financial information, medical data, etc…? Some people who are computer literate or at least with some experience in software and technology would not trust to release the information on the web or at random sites . As a matter of fact, any unknown or small vendor on the web would have difficulty getting many customers to do business online. Big vendors such as Amazon would want to secure their network infrastructure to protect the users information, so that their server would not be hacked. However, even this style of protecting personal information is not enough. The users demand further protection such as ensuring their information is not being sold to other vendors for misuse, or spam the users mailbox with soliticing.
Most of the Internet regulation is imposed by the Government in an effort to protect the best interest of the general public and is concerned with some form of censorship.
Internet is a powerful tool that allows users to collaborate and interact with others all over the world conveniently and relatively safely. It has allowed education and trade to be accessed easily and quickly, but all these benefits do not come without very taxing costs. This is especially true when dealing with the likes of the Internet. Countries in the European Union and Asia have realized this and have taken action against the threat of net neutrality to protect their citizens, even at the cost of online privacy. Internet censorship is required to protect us from our opinions and vices. Every country should adopt Internet censorship and regulation since it improves society by reducing pornography, racism/prejudice, and online identity theft.
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?
"The NSA is currently tracking the online activity of many individuals in the US. Most citizens view this largely unchecked monitoring as an intrusion into their privacy, a fundamental right guaranteed by the Constitution. While it is important to monitor online content, this should be done by the people instead of the government. The federal, state and local governments should look to existing online communities as examples: when an individual discovers inappropriate content, he or she has a duty to report it. The authorities then investigate the content and punish the parties involved according to the severity of the infraction.
The first amendment to the constitution reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (Constitution) We as Americans have the right to speak our minds. We are able to criticize the government and voice our opinions in the form of voting and political debate. This is not only a right, it is vital for the survival of our country. The internet is no stranger to free speech debates. In early 1996 the Communications Decency Act was passed. This act prevented "indecent" and "patently offensive" content which included profanity and many works of classic literature that contained such material. No less than 6 months later, the CDA was ruled unconstitutional by the Supreme Court. In 1997 the Supreme Court granted the Internet full protection under the 1" amendment entitling it the same freedoms of print media. Two sides are now battling on a new front: the abuse of 1" amendment in cyber space through the exchange of illegal material. I will discuss this issue in more detail later.
Freedom of Speech in Cyberspace: Government Restrictions on Content in the United States of America
"There is a very unclear, gray line that is drawn between what we think is morally wrong and what is actually illegal when it comes to the First Amendment and the freedom speech. This makes it very difficult to define the extent that the government has the duty to monitor internet content. The issue between what is morally wrong and legally wrong is that morals are based on opinions and feelings where a legal decision should be more concrete and structured. It is difficult to determine how far a legal system should go in monitoring and suppressing opinions regardless of how hateful the message may be.
The biggest issue with the government monitoring internet content in recent news is the repeal of Net Neutrality. Many have argued that repealing net neutrality could be in violation of the First or Fourth Amendments, however, net neutrality has only begun to exist in recent years. It’s hard to argue the repeal to be unconstitutional when the act itself was only so recently enacted. The repeal of net neutrality would allow to government to censor some of the internet content that has been available to us. This issue has left many citizens of the U.S.
In 2012 the United Nations released a report declaring the internet access as a human right (United Nations, 2012). The way people use the internet today across the world makes it an extraordinary force. We can see its
The Internet is an extremely educational and communicative tool. Everyone can access a tremendous amount of information and connect with people on the other end of the planet; it is capable of doing everything. Nowadays, the society is facing a variety of challenges and controversies which are mostly related to religion, morality, the economic crisis, etc., and the most talked-about issue in today’s world is “Internet censorship”. Although the Internet is very useful, many people are suggesting the idea of censoring the Internet; however, the government should not censor the Internet because a free and open Internet usage has many positive impacts on people’s lives.
to the first amendment, the expression of free speech is applied to the internet. With all the