Purpose:  Should Freedom of Speech be Limited on the Internet?  Does inaccurate information, Slander or Satire, and Objectionable Materials limit the freedom of speech?

Current U.S. Law: 

 

First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 

Class Scenario:  Mr. Exley believes that a person can put any information on the Internet.  But George W. Bush wants to limit that freedom.  Below is the class scenario to be discussed in the class.

 

Identify the parties: name the people or groups involved and, if relevant, their position and relationship with each other.
  • Mr. Exley

-Created the parody website www.gwbush.com which criticizes George W. Bush

-Believes that people should be able to publish their political views on the Internet without registering with the government.

  • George W. Bush

-Current Republican candidate for President

-Believes that websites such as www.gwbush.com should have to register as a political committee and should be governed by the rules that all political committees have to follow.

Briefly list the relevant facts: Leave out pointless detail and most anything on opinions and attitude. Do not analyze or make a judgement.

  • According to Bush, Exley spent over $1000 on the website, (including the computer that hosts it), and therefore it falls under the category of a political committee.
  • Exley states that the website falls under the same category as political cartoons and should not be regulated.
  • Exley's website resembles the official Bush website.
  • Exley has doctored pictures of Bush on his website.
  • In Exley's website, he posts blatantly false articles about George W. Bush.
  • George W. Bush is a public figure so most slander laws do not apply to him.
  • If Exley posted the articles in a television commercial then he would have to register as a political committee
  • If Exley registered as a political committee not only would he have to fill out a lot of paperwork but he would also have to follow spending limits, disclose all of his backers and would not be allowed to post false stories on his website.

Define the dilemma: a dilemma is a question about the "right-or-wrong"-ness of an act that has been performed or may be. This is usually phrased as a question. Again, don't analyze or make a judgement yet.

  • Should someone be able to maintain a website that supports or slanders a political candidate without registering as a political committee?

Formulate the options: - all the options, including ones you disagree with. An option has two parts. First is an ethical interpretation of what has occurred and how the situation now stands. Second, there may be options as to what course of action to take. We still don't analyze or make a judgement.
  • Since other forms of supporting a candidate are regulated, political websites should be regulated as well.  Exley should have to register his website as a political committee.
  • Exley's website is a form of satire so it should not be regulated.  No action should be taken
  • The first amendment grants Exley the right to say whatever he wants to on his website.   No action should be taken
  • Exley should not be allowed to post false stories on his website because he is slandering someone else.  He should have to register his website as a political committee.

Highlight the values: values are the principles and rights that create the dilemma and that we use to choose between options. (E.g. "Hacking into the power company is an invasion of privacy.") We start to analyze here.

  • There should not be a limit to the freedom of speech.
  • "There ought to be limits to freedom" (said by George W. Bush about Exley's website).  Exley should have to register his website as a political committee.
  • Laws that were created for other medians that deal with the freedom of speech should apply to the internet as well.
  • New laws regarding the internet should be created.

Prioritize values, select option, give rationale: weigh up conflicting values and decide which ones get precedence. Choose an option from those given above and explain why you choose that one and not another.

  • Since just about anyone can theoretically create a political website regulating them will be next to impossible.  Also, you should not have to go though a lot of red tape in order to express your political views.  The main reason why campaign finance reforms were created was to keep people from buying off politicians.  Due to the low costs of running a website though this should not apply to the internet.
  • In the end, we need to come up with new laws and rules regarding campaigning on the internet since the current laws regarding TV and printed media do not translate over to the internet very well.
     

Last updated 04/22/00
By Group 5