The First Amendment And The Internet
from the interesting dept
A very interesting look at how the legal doctrine behind the free speech part of the First Amendment doesn't really apply to the internet. The conclusions the writer comes to isn't that we should regulate speech on the internet - but at the very least that we should be aware of what's happening. The article definitely makes some interesting points. The idea of free speech is that in the "marketplace of ideas" truth is likely to boil to the top - and readers of one opinion will also get to see the counter opinion. However, she says, that online rumors too often get taken as fact, and people tend to reinforce their old opinion - rather that search out counterpoints. I'm not sure I completely agree with this. While, I can see it happening in some cases, I think (for myself, and many others I know) I've been exposed to many many more viewpoints than I would see otherwise.
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absence of counter speech
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The Net is not that different...
There is a thoughtful rebuttal of the column on the FindLaw website - go to the column, then follow the link for feedback. Much more detail. The poster also raises what I think are more interesting questions - such as how constraints surrounding posting of information about DeCSS square with free speec protections. For all of me, you could extend that to the DCMA and related activities.
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