Free speech on the information superhighway: European perspectives

Article Abstract:

Technological innovation does not alter principles of free speech. Access to information on the Internet should be guaranteed to all users. Diversity of media should be ensured so that information is not dominated by a limited amount of powerful companies. Undemocratic speech, such as slander or that which offends public decency or threatens public security, should be forbidden. Traditional governmental responsibility regarding free speech has been to refrain from interfering in speech, but governments in the information age must be proactive to ensure powerful entities do not dominate the Internet.

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The best of both worlds: financing software filters for the classroom and avoiding First Amendment liability

Article Abstract:

Internet filtering software combined with Acceptable Use Policies (AUP) provide the most favorable methods of providing schools with Internet access while meeting 1st Amendment principles. Legislative attempts to regulate Internet content would fail in passing judicial strict scrutiny tests as constraining adults' free speech, but schools use of filtering and AUP methods would meet rational relationship tests controlling students' style and content of speech. Even state proposed filters would fail judicial scrutiny since such proposals mirror chilling free speech legislation.

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It's 1996: do you know where your cyberkids are? Captive audiences and content regulation on the Internet

Article Abstract:

The Communications Decency Act of 1996 or similar regulation of the content of speech transmitted over the Internet will not withstand constitutional scrutiny. Speech is constitutionally protected and industry self-regulation as well as new technology giving parents some control over what their children have access to would be less intrusive than new laws. Laws would also be impractical to enforce against the infinite number of computer users. Laws which already exist at the federal and state level suffice to protect against Internet crime and more laws are unnecessary.

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