High School Students
Teaching About Freedom of Speech on the Internet
Legal Background Handout
Summaries of some key cases and legal materials are set out below for use in
the proposed activity. The ABAs Youth Summit site on Freedom of Speech and the
Internethttp://www.abanet.org/publiced/youth/spring00main.htmlhas
a wealth of other information, including other First Amendment cases, positions of
interest groups, and other lessons. If time permits, its a good idea to read key
cases in their entirety for preparation and select key passages to photocopy and share
with the students when the cases and legal concepts are presented and discussed.
First Amendment, U.S. Constitution. Congress shall make no law
abridging
the freedom of speech
.
Federal Communications Commission v. Pacifica Foundation, 483 U.S. 726 (1978)
The U.S. Supreme Court upheld the FCCs ruling against a radio station that broadcast
a comedy routine by George Carlin about the seven filthy words kept out of
polite conversation. In the routine, Carlin repeatedly used the dirty words. The broadcast
took place during the evening rush hour. A parent driving with his children and listening
to the broadcast on his car radio complained about the bad language. The majority found
the words vulgar, offensive, and shocking, and said
the time of the broadcast, when children may likely be listening, was a major factor in
the decision.
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) The U.S.
Supreme Court held that the Communications Decency Act (CDA) was an unconstitutional
burden on adult speech. The CDA prohibited knowingly making available obscene or indecent
messages to a person under 18 years of age. Although the government has an interest in
protecting children, the CDA suppressed a broad range of constitutionally protected speech
for adults.
Loudoun v. Board of Trustees of the Loudoun County Library (1998). A U.S.
district court held that a county policy requiring filters on all of its public library
Internet computers was an unconstitutional restriction of free speech.
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