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Author: Dawn C. Nunziato
Publisher: Stanford University Press
ISBN: 0804772452
Category : Law
Languages : en
Pages : 296
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Book Description
Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
Author: Dawn C. Nunziato
Publisher: Stanford University Press
ISBN: 0804772452
Category : Law
Languages : en
Pages : 296
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Book Description
Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law. In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.
Author: Adrienne Stone
Publisher: Oxford University Press
ISBN: 0192562622
Category : Law
Languages : en
Pages : 609
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Book Description
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Victor Pickard
Publisher: Yale University Press
ISBN: 0300249101
Category : Political Science
Languages : en
Pages : 188
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Book Description
A provocative analysis of net neutrality and a call to democratize online communication This short book is both a primer that explains the history and politics of net neutrality and an argument for a more equitable framework for regulating access to the internet. Pickard and Berman argue that we should not see internet service as a commodity but as a public good necessary for sustaining democratic society in the twenty-first century. They aim to reframe the threat to net neutrality as more than a conflict between digital leviathans like Google and internet service providers like Comcast but as part of a much wider project to commercialize the public sphere and undermine the free speech essential for democracy. Readers will come away with a better understanding of the key concepts underpinning the net neutrality battle and rallying points for future action to democratize online communication.
Author: Clive Walker (Professor)
Publisher:
ISBN: 9781611634075
Category : Freedom of expression
Languages : en
Pages : 0
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Book Description
The Internet has impacted on the media in many crucial ways. Practices and laws have evolved, and the Internet has even exerted an existential influence over the format and viability of contemporary media outlets. In order to explore this important and on-going interaction, the Fifth Free Speech Discussion Forum assembled in London in 2012, involving a combination of leading scholars and practicing lawyers from North America and Europe. The papers in this collection therefore reflect a rich range of jurisdictions and experiences, with comparative approaches strongly to the fore. Some chapters deal directly with issues around the battles for survival of the established print and broadcast media in an Internet age. The Internet is also having profound effects on the delivery of mass free speech by forcing us to reconsider new approaches to legal designs and practices, especially within the jurisprudence of privacy, defamation, obscenity, and counter-terrorism. At the same time, the Internet must be equally acknowledged as offering considerable advantages for the production and publication of free speech by opening sources of information and channels of communication. Those who ignore the Internet's transformative capacity in the development of media law invite the fate of early redundancy or easy evasion. Thus, the chapters in this book offer original and authoritative insights into core debates around the interactions between the Internet, media, and law.
Author: Wolfgang Benedek
Publisher: Council of Europe
ISBN: 9287187029
Category : Political Science
Languages : en
Pages : 240
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Book Description
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781973781448
Category :
Languages : en
Pages : 32
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Book Description
As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt new open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules is the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC's 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full court review was denied, leaving the next legal option a petition for U.S. Supreme Court review. The FCC's May 18, 2017, adoption (2-1) of a Notice of Proposed Rulemaking to reexamine the rules adopted in 2015, with an eye to considering a less regulatory approach, has once again opened up the debate over what the appropriate framework is to ensure an open Internet. Reaction to this proposal has been mixed. Some see the current FCC rules as regulatory overreach and welcome a more "light-touch" approach which they feel will stimulate broadband investment, deployment, and innovation. Others fully support the current 2015 regulations and feel that their modification will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion, or innovation. To date, congressional action in the 115th Congress has focused on two aspects of the current rules: privacy (S.J.Res. 34, S. 878, S. 964, H.J.Res. 86, H.Res. 230, H.R. 1754, H.R. 1868, H.R. 2520) and transparency (S. 228, H.R. 288). Separately, legislation (S. 993) to nullify the FCC's 2015 Open Internet Order has also been introduced. The FCC's move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC. Whether Congress will choose to address more comprehensive legislation to amend the 1934 Communications Act, to provide a broad-based framework for such regulation, remains to be seen.
Author: Thomas W. Hazlett
Publisher: Encounter Books
ISBN: 159403592X
Category : Computers
Languages : en
Pages : 60
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Book Description
"There is little dispute that the Internet should continue as an open platform," notes the Federal Communications Commission. Yet in a curious twist of logic, the FCC has moved to upend the rules yielding that outcome, imposing "network neutrality" regulations on broadband-access providers. The new mandates purport to prevent Internet "gatekeepers" by prohibiting networks from favoring certain applications. In this comprehensive Broadside, Thomas W. Hazlett explains the faulty economic logic behind the FCC's regulations. The "open Internet"--thriving without such mandates--allows consumers, investors, and entrepreneurs to choose the best platforms and products, testing rival business models. Networks are actively (and efficiently) involved in managing traffic and promoting popular applications, making the entire ecosystem more valuable. This is a spontaneous market process, not a planned structure, and the commission's restrictions threaten to stifle innovation and economic growth.
Author: Raphael Cohen-Almagor
Publisher: Cambridge University Press
ISBN: 1107105595
Category : Computers
Languages : en
Pages : 407
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Book Description
This book outlines social and moral guidelines to combat violent, hateful, and illegal activity on the Internet.
Author: Tim Wu
Publisher: Vintage
ISBN: 0804170045
Category : Business & Economics
Languages : en
Pages : 434
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Book Description
From the author of the award-winning The Master Switch, who coined the term "net neutrality”—a revelatory, ambitious and urgent account of how the capture and re-sale of human attention became the defining industry of our time. "Dazzling." —Financial Times Ours is often called an information economy, but at a moment when access to information is virtually unlimited, our attention has become the ultimate commodity. In nearly every moment of our waking lives, we face a barrage of efforts to harvest our attention. This condition is not simply the byproduct of recent technological innovations but the result of more than a century's growth and expansion in the industries that feed on human attention. Wu’s narrative begins in the nineteenth century, when Benjamin Day discovered he could get rich selling newspapers for a penny. Since then, every new medium—from radio to television to Internet companies such as Google and Facebook—has attained commercial viability and immense riches by turning itself into an advertising platform. Since the early days, the basic business model of “attention merchants” has never changed: free diversion in exchange for a moment of your time, sold in turn to the highest-bidding advertiser. Full of lively, unexpected storytelling and piercing insight, The Attention Merchants lays bare the true nature of a ubiquitous reality we can no longer afford to accept at face value.
