Jeremy Lipschultz - Free Expression In The Age Of The Internet

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Free Expression in the Age of the Internet

Free Expression in the Age of the Internet

Social and Legal Boundaries

Jeremy Harris Lipschultz
University of Nebraska at Omaha

First published 2000 by Westview Press

Published 2018 by Routledge
711 Third Avenue, New York, NY 10017, USA
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2000 by Taylor & Francis

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data
Lipschultz, Jeremy Harris, 1958
Free expression in the age of the Internet: social and legal
boundaries / Jeremy Harris Lipschultz.
p. cm.
Includes bibliographical references and index.
ISBN 0-8133-9108-3 (hc). ISBN 0-8133-9113-X (pb)
1. Freedom of speechUnited States. 2. Internet (Computer
network). 3. Mass mediaSocial aspects. I. Title.
KF4772.L57 1999
342.73'0853dc21 99-41536
CIP

ISBN 13: 978-0-8133-9113-7 (pbk)

Contents

1. xvi
2. xvii

Guide

1. Tables
2. Figures
3. Boxes

This book would not have been possible without the encouragement and constant support of my family. In particular, my spouse, Sandy, provided many tips and ideas as we discussed the content of the manuscript. Our children, Jeff and Elizabeth, and their use of and interest in the personal computer have sparked many thoughts about what has been called the age of the Internet. Their grandmother, Faye Shepherd, assisted our family in viewing the technological innovations of the moment in a larger context. This was the social setting that became fertile ground for growing a synthesis of the many views of free expression.

Westview Press has been incredibly supportive in moving forward with this project. Senior Editor Catherine Murphy has been detail-oriented yet open enough to giving me the necessary "space" to finish this project in a timely manner. Cathy understood that a book about freedom of expression required open-mindedness in the editorial process. Lisa Wigutoff and Joan Sherman were excellent in helping this book to press in a timely manner. Additionally, freelance editor Anne Scanlan-Rohrer was helpful in synthesizing comments provided from reviewers Clay Calvert of Pennsylvania State University Hazel Dicken-Garcia of the University of Minnesota, Elliot King of Loyola College of Maryland, and James Leonhirth of Florida Institute of Technology. Their comments were very constructive in providing additional sources for material not included in the first draft of the manuscript.

The genesis of this project came during a generous periodic professional leave from my teaching responsibilities at the University of Nebraska at Omaha. As such, I want to personally thank Dean John Flocken and the College of Arts and Sciences, Communication Chair Deborah Smith-Howell, Interim Graduate Chair Warren Francke, my coauthor on numerous other projects Michael Hilt, and the University of Nebraska Board of Regents for their patience. My colleagues in the Department of Communication have been very supportive of my research agenda, and this is appreciated. Additionally, Chelle Williams provided valuable technical support at key moments during the editing and printing of this manuscript.

Several teachers and scholars have directly influenced my views about free expression and media technology, including Robert Spellman, L. Erwin Atwood, Dennis Davis, Kyu Youm, David Pritchard, Michael Sherer, Bruce Johansen, Warren Francke, Hugh Cowdin, Sherrie Wilson, Chris Allen, H. B. Jacobini, Walter Jaehnig, Stuart Bullion, Gary Whitby, and Mark Rousseau.

The challenge of this book was to try to place in some historical and theoretical context a subject that appeared to be changing daily. It is my hope that this book serves as a starting point for serious discussions about free expression in the age of the Internet.

Jeremy Harris Lipschultz
Omaha, Nebraska

• ACLU American Civil Liberties Union
• AOL America Online
• CDA Communications Decency Act
• CEO chief executive officer
• CMC computer-mediated communication
• COPA Child Online Protection Act
• CTW Children's Television Workshop
• ECPA Electronic Communications Privacy Act
• FCC Federal Communications Commission
• FDA Food and Drug Administration
• FOI freedom of information
• FTC Federal Trade Commission
• GUI graphical user interface
• HTML hypertext markup language
• IEG Internet Entertainment Group
• IM instant message
• IRS Internal Revenue Service
• ISP Internet service provider
• LAN local area network
• MIT Massachusetts Institute of Technology
• MSN Microsoft Network
• NTIA National Telecommunications and Information Administration
• PC personal computer
• POV point of view
• ProComp Project to Promote Competition in the Digital Age
• RIAA Recording Industry Association of America
• SPLC Southern Poverty Law Center
• TOS terms of service

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.

United States Constitution, Amendment 1 (1791)

1
Social Communication Theory of Free Expression

"One thing that will not change in a world of vastly increased interpersonal communications networks is that the day has only 24 hours."

Ithiel de Sola Pool, media scholar (1990)

"The penetration of time, the use of time as a mechanism of control, the opening of time to commerce and politics has been radically extended by advances in computer technology."

James W. Carey, cultural theorist (1992)

"The beauty of the Net is that one does not have to screen everything through a publisher and editor before reaching the audience."

Fred Lawrence, law professor (1997)

"Such a decentralized system... resonates with... the central American credo of liberal individualism. Its great virtue is that it is designed to allow everyone to do his own thing. And that, according to some, is its great vice."

Glen O. Robinson, law professor (1996)

"The Internet is clearly the political football of the nineties. The Communications Decency Act (CDA) as well as presidential pledges to wire all schools to the Internet are representations of this idea."

Henry E. Crawford, lawyer (1997)

"The Supreme Court should provide clear guidance that we do not forfeit our First Amendment rights when we go on-line."

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