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PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY


OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

SOCIAL ISSUES AND


PROFESSIONAL PRACTICE

MODULE 5: FREEDOM OF EXPRESSION

By: MS. RACHELLE N. NOBLE, MIT


PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Objectives
• What is the basis for the protection of freedom of expression
in the United States, and what types of expression are not
protected under the law?
• What are some of the 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?
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS


Right to freedom of expression Definition of free speech includes:

– Important right for free people


everywhere – Nonverbal, visual, and symbolic
– the right to express information, forms of expression
ideas, and opinions free of – Right to speak anonymously
government restrictions based
on content and subject only to
reasonable limitations.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS

Perjury Incitement of panic

Fraud Incitement to crime

Defamation “Fighting words”

Obscene speech Sedition


PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS

Perjury
the crime of telling a lie in
court after promising formally
to tell the truth

Fraud
a broad legal term referring to
dishonest acts that intentionally
use deception to illegally deprive
another person or entity of money,
property, or legal rights.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS

Defamation
Oral or written statement of
alleged fact that is false and
harms another person.

Obscene
includes pornography, but may also
include nude dancing, sexually
oriented commercial telephone
messages, and scatological comedy
routines.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS


Incitement of panic
situations in which a reasonable
person would know that it was
very likely that his or her speech
would really cause harm to others.

Incitement to crime
the advocacy of crime,
malicious damage or injury to
property, or violence.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FIRST AMENDMENT RIGHTS


Fighting words
those which by their very
utterance inflict injury or tend
to incite an immediate breach
of the peace.

Sedition
crime against the state.
any action, especially in speech
or writing, promoting such
discontent or rebellion.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

FREEDOM OF EXPRESSION: KEY ISSUES

Controlling access to
Anonymity on the Internet
information on the Internet

Defamation and
Corporate blogging
hate speech

Pornography
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Controlling access to information on the Internet


Freedom of speech on the Internet is complicated by ease by which
children can access Internet

INTERNET FILTERING
 Blocks access to certain Web sites deemed to
contain inappropriate or offensive material

URL FILTERING
 Blocks objectionable URLs or domain names
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Controlling access to information on the Internet

Keyword filtering
 Blocks keywords or phrases

Dynamic content filtering


 Web site’s content is evaluated immediately
before being displayed
Internet Censorship
 The control or suppression of the publishing or
accessing of information on the internet
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Anonymity on the Internet

Anonymous expression is expression of opinions by people who do not


reveal their identity

Freedom to express an opinion without fear of reprisal is an important


right in democratic society

Anonymity is even more important in countries that do not allow free


speech

In the wrong hands, it can be a tool to commit illegal or unethical


activities
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Anonymity on the Internet


Computer program that
strips the originating Ensures no header
address from the email information can
message identify the author
Anonymous
remailer service
Keeps what is
Forwards the message to communicated
the intended recipient anonymous
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Defamation and Hate Speech

Hate speech that can be prosecuted includes:


– Clear threats and intimidation against specific citizens

– Sending threatening private messages over the Internet to a person

–Displaying public messages on a Web site describing intent to commit acts


of hate-motivated violence against specific individuals

– Libel directed at a particular person


PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Corporate Blogging

Some organizations allow Blogs could also involve risk that


employees to create their own employees might Reveal
personal blogs to reach out to company secrets and Breach
partners, customers, and federal security disclosure laws.
employees and Improve their
corporate image

Blogs can provide uncensored


commentary and interaction
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

Pornography

Establishing a computer usage


Taking action against those
policy that prohibits access to
users
pornography sites

Failure to take action against


Identifying those who violate
pornography could result in
the policy
sexual harassment lawsuit
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN

END OF MODULE 5

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