Misc. Issues in Speech; International Issues Fall 2014 CS 340

Misc. Free Speech Issue: Anonymous Speech Anonymous publishing as a First Amendment right McIntyre v. Ohio Elections Commission US S. Ct 1995 http://gilc.org/speech/anonymous/ Online speech, accomplished using remailers A series of servers that strip our identifying info & sub in anonymous code or random numbers.(chained remailing)

Does the First Amendment give you the right to speak anonymously online? Yes, but you do not have the right to speak falsely & injuriously. example below:

Misc. Free Speech Issue: Students right to free speech Faked profiles Mix of rulings: no clear standard on what is prohibited Fake MySpace profile for a Texas principal Draker v. Schreibner Facebook parody profile of principal Trosch by high school student Layshock v. Hermitage School District 14 y o middle school student created fake MySpace J.S. v. Blue Mountain School http://blog.ericgoldman.org/archives/2012/03/suspension_for_1.htm Application of Tinker v. Des Moines (1969 US S. Ct. case). Black armbands & school ban Students are persons under the Constitution Rights not left at the school house gate School must base decision on the likelihood of disruption of education environment and intrusion of others.

Other standards for student speech: Fraser standard (1986) student lewd speech distinguishing "vulgar" speech from the pure "political" speech in Tinker Hazelwood standard (1988) school paper case educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."

Finkel v. Dauber 2010, NY case Secret Facebook group Victim of the bullying sues for defamation http://blog.ericgoldman.org/archi ves/2010/07/private_faceboo.htm http://blog.ericgoldman.org/archi ves/2010/07/private_faceboo.htm Outcome?

Free speech challenges for student speech consider A.The kind of speech (political, vulgarity) B.The likelihood of disruption to the academic environment C.The rights of those around the student D.All of the above E.Nothing. Students do not have free speech rights 30

Misc. Free Speech Issue: Employees right to free speech Article http://www.hrexaminer.com/is-there-free-speech-at-work/http://www.hrexaminer.com/is-there-free-speech-at-work/ Remember, the First Amendment protects against government regulation of speech. The First Amendment is not always relevant in work place issues. Many employees are at will employees and are not protected by labor laws. For governmental employees, there is a right to discuss working conditions EMT fired; found firing was improper http://nyti.ms/djca6U Distinguish conditions discussion from mere venting NJ first grade teacher properly fired for saying she felt like a warden overseeing future criminals http://blog.ericgoldman.org/archives/2013/01/tenured_school_1.htm Bartender example (see next slide) http://www.nytimes.com/2013/01/22/technology/employers-social-media-policies-come-under-regulatory-scrutiny.html?pagewanted=all

Bartender, unhappy about receiving no raise in 5 years, posts on Facebook that his customers are rednecks and hopes they choke on glass as they drive home drunk. Classify this. A.Discussion of working conditions B.Personal venting 30

Free Speech Issue: When beliefs contradict law Amish stance on technology adoption. Wisconsin v. Yoder exemption for school Wisconsin v. Yoder What about requiring the Amish to use technology? Mandatory, reflective traffic triangles on buggies Traffic triangles. Watch: http://www.foxnews.com/us/2012/01/02/amish-sects-buggies-traffic-burden-for-some-kentucky- residents/ http://www.foxnews.com/us/2012/01/02/amish-sects-buggies-traffic-burden-for-some-kentucky- residents/

Opinion: Should the Amish be required to display the triangles when on public roads? A.Yes B.No C.Im conflicted (unsure) 30 Result: Kentucky Supreme CourtKentucky Supreme Court Reasoning:

International Issues Imagine facing a sentence of 10 years in jail, because you suggested to your twitter followers that they attend a political gathering and protest? Deviant ideology; hostile to the government http://www.cnn.com/2014/03/11/world/meast/saudi-arabia-twitter- jail/index.html?hpt=hp_t2 http://www.cnn.com/2014/03/11/world/meast/saudi-arabia-twitter- jail/index.html?hpt=hp_t2 Imagine a country prohibiting a kind of speech lawful in the US and an American company creating the software to make that speech blocked. Would this present an ethical dilemma for that companys employees?

International Issues: State Mandated Censorship Book section 7.8 Filtering: the interception and removal of messages in a network to prevent them from reaching their destination Yahoo! was within its legal rights to choose to take the items that were illegal in France off the market for everybody, even though the items were legal in the United States. 13Ethics in a Computing Culture

Political Censorship (continued) Yahoo! argued that because they were doing business in China, they were obligated to obey Chinese law. Do you accept that argument? Suppose Google, Yahoo!, and Microsoft were all doing business in China and the Chinese government required them to intentionally exclude any sites on Chinas banned list from appearing in the search results of any query anywhere in the world; all three agreed in order to continue doing business in China. 14Ethics in a Computing Culture

The Arab Spring A.Is the time to plant your crops in the Middle East B.Is a new brand of soap C.Is a new fragrance for womens deodorant D.None of the above 30

Political Speech International Issues: http://www.amnestyusa.org/our-work/issues/censorship-and-free-speech Page 253: Arab Spring Use of Internet social media communications to orchestrate protests, overthrow of governments & circumvent state control Tunisia, Egypt & Libya Interesting documentary: How Facebook Changed the World The Arab Spring. (We will watch part of this in class.) http://www.youtube.com/watch?v=lnPR90dJ3Gk

WikiLeaks

Is your current opinion of WikiLeaks positive or negative? A.Positive B.Mostly positive C.Mostly Negative D.Negative E.I dont know enough yet to have an opinion. 30

Is your current opinion of Julian Assange positive or negative? A.Positive B.Mostly positive C.Mostly Negative D.Negative E.I dont know enough yet to have an opinion. 30

WikiLeaks Online publisher/repository of secret information, news leaks, and classified material. Launched in 2006 Founder Julian Assange

Wikileaks Donations http://www.businessweek.com/ar ticles/2013-07-11/wikileaks-finds- snowden-cash-bump-elusive http://www.businessweek.com/ar ticles/2013-07-11/wikileaks-finds- snowden-cash-bump-elusive Expenses http://www.wired.com/threatlevel /2013/05/wikileaks-donations- down/ http://www.wired.com/threatlevel /2013/05/wikileaks-donations- down/

Julian Assange Self-described hacker/journalist http://www.youtube.com/watch?v =- E5nrTRHSck&feature=player_emb edded http://www.youtube.com/watch?v =- E5nrTRHSck&feature=player_emb edded

Interview on Colbert Report http://www.colbertnation.com/the- colbert-report-videos/270712/april- 12-2010/julian-assange http://www.colbertnation.com/the- colbert-report-videos/270712/april- 12-2010/julian-assange

Assanges Current Legal Problem Currently fighting extradition from UK to Sweden for prosecution of possible sex crimes possible sex crimes holed up at Ecuadors Embassy in London since June 2012 holed up That is roughly 827 days and counting In 2013, ran for a seat in the Australian senate. Lost as earned about 1% of the vote. BBC Interview with Assange on his status. Start 1:18 into this link http://www.bbc.com/news/uk-29258834

Is your current opinion of Chelsea (ne Bradley) Manning positive or negative? A.Positive B.Mostly positive C.Mostly Negative D.Negative E.I dont know enough yet to have an opinion. 30

Bradley Manning: the Charges Aiding the enemy Making information accessible to the enemy Failure to obey a lawful order/regulation (computer system mods, improper storage Violating the Espionage Act Computer Fraud and Abuse Act Embezzlement/Theft

Judge or Jury Trial Manning waived his right to a jury trial. Why do you think he made that choice?

Pre-trial Incarceration conditions 1,294 days Harsh treatment Was argued by his team that the charges should be dropped because of torture [nudity, isolation, harassment, sleep- deprivation, conditions]

Verdict Plead guilty to some charges Convicted under Espionage Act, disseminating classified field reports, State Dept cables, assessments of detainees at Guantanamo Acquitted of most serious charge: aiding the enemy See table: http://www.washingtonpost.com/wp- srv/special/national/manning-verdict/?hpid=z1http://www.washingtonpost.com/wp- srv/special/national/manning-verdict/?hpid=z1

Sentencing 35 years. Gets credit for his 1,294 days plus 112 days for his mistreatment Must serve 1/3 of sentence before parole eligibility Reduction in rank, dishonorable discharge, forfeit of pay & benefits Mannings statement: http://www.commondreams.org/view/2013/08/21-7 http://www.commondreams.org/view/2013/08/21-7

I was Bradley Manning Daniel Ellsberg Editorial written by Ellsberg http://www.theguardian.com/com mentisfree/cifamerica/2011/mar/ 11/bradley-manning-wikileaks http://www.theguardian.com/com mentisfree/cifamerica/2011/mar/ 11/bradley-manning-wikileaks http://www.huffingtonpost.com/2 012/12/04/bradley-manning- daniel-ellsberg-pentagon- papers_n_2240016.html http://www.huffingtonpost.com/2 012/12/04/bradley-manning- daniel-ellsberg-pentagon- papers_n_2240016.html

Do you view Manning to be a whistleblower like Ellsberg? A.Yes B.Maybe C.No 30

Documents

Misc. Issues in Speech; International Issues Fall 2014 CS 340