Chapter 5: Freedom of Expression
Vignette
1. Does sexting represent a form of expression that is protected by the First Amendment?
Yes , 'Sexting' and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having illegally received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions, andthe statutory penalties are severe. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur when governmental policies and initiatives built on past truths and values collide with new and unanticipated social phenomena.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1470819
2. What can be done to protect people from the dangers of sexting while still safeguarding our First Amendment rights?
Legal regulation is often the routine, knee-jerk response to
emerging societal concerns. However, imposing harsh, punitive
restrictions on human behavior is not always the answer to these
social problems and often makes matters worse. And so it is with
the phenomena of teenage “sexting.” Technology has once again
outpaced the law, resulting in juveniles being publicly branded as sex offenders for relatively commonplace high school behavior. The
use of stringent child pornography laws to punish children for
activity that was never contemplated by lawmakers is ill-advised
and has the potential to turn a generation of the growing
population against ordered society.
Sexting, a combination of the words “sex” and “texting,” is
the term coined to describe the activity of sending nude, semi-nude,
or sexually explicit depictions in electronic messages, most
commonly through cellular phones.
This disturbing trend has generated some of the most
notorious cases involving juveniles in recent years.
While this behavior is perfectly
legal and accepted among consenting adults, teenagers who
similarly experiment with this communicative outlet are often
dragged into the judicial system by police officers, prosecutors, and
judges. They reflexively categorize the activity as a child
pornography offense and proceed to utilize the strict laws designed
to protect children as devastating weapons against them. Often,
juveniles prosecuted for this behavior end up being included on the
public sex offender registry alongside the worst child molesters and
pedophiles
http://www.firstamendment.com/articles/How%20to%20Fix%20the%20Sexting%20Problem%20-%20LGW_UNC%201st%20Amendmen%20Law%20Review.pdf
The Electronic Frontier Foundation (EEF)
Discussion Questions:
1. Visit the EEF Web site at www.eff.org and develop a list of its current “hot” issues. Research one EFF issue that interests you, and write a brief paper summarizing EFF’s position. Discuss whether you support this position and why.
EFF: Prosecutors want location data via a Twitter shortcut
"The judge also allowed the government to get access to location information without a search warrant. Twitter keeps a record of a user's IP address when he logs in to post a tweet," Hanni Fakhoury, EFF staff attorney, writes. "Since the majority of Twitter users access the site through mobile phones, these IP addresses are keys that help unlock a person's location."
2. What reasons might a firm give for joining and supporting EFF?
The Evergreen Freedom Foundation helps promote a pro-growth agenda in Washington. High growth generally benefits businesses.
3. The vice president of public affairs for your midsized telecommunications equipment company has suggested that the firm donate $10,000 in equipment and services to EFF and become a corporate sponsor. The CFO has asked if you, the CIO, support this action. What would you say?
I think if I were the CIO, i will accept the donation because it can do a lot of things.
Chapter 6: Intellectual Property
Vignette
1. Is the RIAA’s strong stand on copyright infringement helping or hurting the music recording industry?
The Recording Industry Association of America (RIAA) is the trade organization that supports and promotes the creative and financial vitality of the major music companies. Its members are the music labels that comprise the most vibrant record industry in the world. RIAA® members create, manufacture and/or distribute approximately 85% of all legitimate recorded music produced and sold in the United States.
In support of this mission, the RIAA works to protect the intellectual property and First Amendment rights of artists and music labels; conduct consumer, industry and technical research; and monitor and review state and federal laws, regulations and policies. The RIAA® also certifies Gold®, Platinum®, Multi-Platinum™ and Diamond sales awards as well as Los Premios De Oro y Platino™, an award celebrating Latin music sales.