Freedom of Speech on the Internet

1. Freedom of Speech on the Internet By: Kelsey Zola and Emily Montz

2. Background Information • The freedom of speech and expression should no longer only be given in traditional media but also on the internet • In the United States we have freedom of speech and press even on the internet, but we are still restricted to What we can post and message. • There are always arguments on whether not it really is freedom of speech if there are limitations. • Certain Organizations, such as UNESCO, are always standing up for defendants in court about what they posted on the internet. • Freedom of speech on the internet currently is allowed with restrictions; as long as it does not violate another person’s laws it is okay

3. Proposed Law • “ You have the right to post or message your feelings and other forms of expression online as long as it doesn’t encourage violence, racism, explicit content, and any other form questionable material.” • This will ensure that going on the internet will be more peaceful with less conflict. • Children will be able to go online without their parents needing to worry if they might come across something inappropriate. • No one’s right will be violated with this law.

4. Court Cases • Yahoo v. China • Background: Shi Tao, a journalist in China, sent messages to people online about the Chinese government. He was arrested in 2004 when authorities claimed he was giving top secret information to outsiders. • Court Ruling: Shi Tao was sentenced to ten years in prison. • Incriminating Evidence: Yahoo provided officials with information to help capture and arrest both Shi Tao and another journalist, Wang Xiaoning. • Precedent: The families of both defendants sued Yahoo for helping arrest their relatives. Yahoo settled out of court not wanting anymore attention on the subject.

5. Court Cases • Jianhong v. Chinese Government • Background: A previous editor of commentary, had a blog where he posted political discussions. He was told to shut it down and still continued to post under a pen name. • Charges: Incitement of subvert state’s power • Verdict: Jianhong was found guilty and put in prison for six years.

6. Supporting our Law • The Yahoo v. China case shows that in other places, such as china, have a stronger hold on internet security. The case was between a journalist and the government because he gave government information. When the family sued Yahoo, they claimed Yahoo had given the government information that they should not have. • The Jianhong v. Chinese Government, just like the previous case, how China can be. Conflict with Yahoo continued and Yahoo settled out wanting no more conflicts with China. • This can be prevented here in the United States with our proposed law.

7. Current Events Complaining about Work on the Internet http://www.newser.com/story/127947/judge-its-ok-to-whine-about-work-on-facebook.html Author of Original Article: John Johnson Five employees were posting complaints on Facebook about their job and boss. They were fired from their jobs because of the posts. The employees were saved by the National Labor Relations Board in a case that ruled they were protected under the NLBR Act (Act that protects the right to say how they feel in or out of the workplace for both the employees and the employers.) All five workers were given their jobs back and continue to work.

8. Current Events Freedom of Speech on the Internet; Not in Europe http://www.thehindubusinessline.com/opinion/free-speech-isnt-so-free/article4479328.ece Author of Original Article: Mohan Murti In most European countries you can say and express you opinion however you want outside or on printed materials. The same rights are not given for what you can say on the internet. In the majority of these countries you can be questioned and brought to officials for saying anything the government may not like. After on going cases Europe has now added restriction on the internet for hate posts, terroristic threats, violate remarks, child pornography, explicit content, etc. Cases continued to be filed to officials and more laws were added after an employee reported sexual harassment when a supervisor “poked” her on Facebook. The problems kept flowing when employees claimed that employers can deny an employee a job when they see what applicants post and think.

9. Supporting our Law • Our law would prevent conflicts, such as the ones in Europe, where everything is questioned about what they can and cannot post. This current event shows how restricting some governments can be, if this law works America won’t have to be like that • As for the five employees of the company, they were protected under the NLBR Act. Our law ensures that your employer cannot fire or discriminate against you based on your Facebook or other social network profile.

10. Our Law… • Our law should only benefit the online community not hurt it. • The content not allowed is nothing major and was always illegal in some way, but now it is more reinforced. • Our law should make the internet a more child friendly environment and prevent cases on questioning of material online.