Study Guide

• What limitations apply to speech in an electronic forum?
  
  
  • How is an electronic forum different from oral or printed communication?
  • Net.censor: Who's To Say What We Should See Or Hear? 
  
  
• Cases testing those limits.
  • The Jake Baker case.
    • What Baker did.
    • Indictment of Baker. 
    • A lively debate at University of Michigan which was sparked by this case 
  • The Santa Rosa Junior College case. 
  • Alleged sexual harassment in an electronic conference "for men only."
  • Resolution: The college settled with the three students, agreeing to pay each one $15,000.
    • The third student was Dylan Humphrey, who broke confidentiality rules and said he suffered retaliation by the school.
      • He said he thought that Branham had a right to know about the comments because it was in a semi-public place.
  • Issues raised by this case.
    • Is any electronic conference sponsored by a college an "educational activity"?
      • When any male or female student is allowed to join the conference?
      • If all male or all female students are automatically added to the reader list of the corresponding conferences?
    • Does the presence of a "moderator" make a difference?
      • Perhaps an unmoderated conference is subject to free-speech protections,
      • but if there is a moderator, then (s)he must do his job.
    • Should a univ. be involved in setting up a conference that, in effect, lets some students talk behind other students' backs?
    • Is a college compelled to "censor" the "electronic free speech" of students in an attempt to prevent harassment?
  • Free speech and computerized pornography.
    • Is it necessary to restrict pornography on the Internet?
      • See the original Time article; search for "pornography is different".
    • Is it possible for one country (US) to control what is available on the Internet?
    • The Communications Decency Act of 1995.
      • History.
      • On-line protests.
      • Judicial review.
        • Challenge by ACLU
        • Report on the Government's appeal
  • What are "community standards" on the Internet?
    • Since the Supreme Court ruling Miller v. California in 1970, what is illegal obscenity has depended upon "community standards."
    • Point of view: The standards of the most "puritan" community should not be imposed on the whole nation: Juan Antonio Osuna, Computing Research Associat ion
    • Point of view: The standards of the most permissive community should not be foisted on the families of the entire nation: Len Munsil,National Coaliti on for Protection of Children and Families; search for "community standards".
  • Who should be responsible for enforcing standards?
    • The individual author?
    • The survey at America Online 
    • Service providers must not be held liable.
    • The Compuserve Debate
      • Germany Forces Online Serviceto Censor Internet
      • Can the Net Be Censored? 
      • Germans' Internet crackdown a sign of the future 
  • Are universities liable under the law?
  
  
• Now that CDA is no longer enforced who will protect the children?
  • Parents Will Stay Wary
  • It is the parent's responsibility
  • How parent's can control the net?

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  Index of Topic - Discussion Questions