Deck 3: Freedom of Speech

Question 1

The legal guidelines for determining whether material is obscene include all of the following EXCEPT

A) the material depicts particular sexual (or excretory) acts specified by state law
B) the material is patently offensive according to contemporary community standards
C) the material has no serious artistic, literary, social, political, or scientific value
D) the material is intended for or distributed to persons under the age of 18

Answer 1

the material is intended for or distributed to persons under the age of 18

Question 2

Which of the following requirements was a key provision of the Children's Internet Protection Act (CIPA)?

A) proof of age must be provided to access Web sites containing pornography
B) children must not be allowed to access "hate material" online
C) filtering software must be installed on Internet terminals in schools and libraries
D) commercial Web sites must require parental consent for access by children

Answer 2

filtering software must be installed on Internet terminals in schools and libraries

Question 3

Anonymizers allow a user to

A) obtain a new identity
B) send email and surf the Web anonymously
C) secretly spy on people visiting your Web site
D) randomly create a handle or avatar

Answer 3

send email and surf the Web anonymously

Question 4

Which of the following are the two main arguments against the Communications Decency Act accepted by the courts?

A) it was not enforceable, and it did not use the least restrictive means of accomplishing the goal of protecting children
B) it was too vague and broad, and it did not use the least restrictive means of accomplishing the goal of protecting children
C) it was too vague and broad, and it did not use community standards to determine what would be harmful to minors
D) it was not enforceable, and it did not use community standards to determine what would be harmful to minors

Question 5

Many countries have tried to censor the Internet. Which country issued the following edict in 2001: The office of communications is ordered to find ways to ensure that the use of the Internet becomes impossible.

A) Iraq
B) South Africa
C) Afghanistan
D) Brazil

Question 6

Which of the following limits deceptive commercial email and outlines spammers' responsibilities:

A) the Spam Reduction Act
B) the Electronic Communications Act
C) the Commercial Communications Act
D) the CAN-SPAM Act

Question 7

Which of the following is NOT a provision of the CAN-SPAM Act that applies to commercial emailers?

A) It bans false or misleading header information.
B) It requires that unsolicited email give recipients an opt-out method.
C) It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address.
D) It requires commercial emailers register with the Federal Trade Commission.

Question 8

List two arguments against and two arguments in favor of anonymity on the Internet.

Question 9

Describe two techniques to remain anonymous on the Internet.

Question 10

What are three types of "speech"
that are not protected by the First Amendment?

Question 11

What are two things bulk emailers need to do in order to be in compliance with the CAN-SPAM Act?

Question 12

What is WikiLeaks? Explain how one might view its founder, Julian Assange, as a traitor. Explain how one might view him as a hero.

Question 13

Broadcast media traditionally has had the strongest First Amendment protection (meaning the fewest regulatory restrictions) while print media has the weakest First Amendment protection.

Question 14

The U.S. Supreme Court ruled that requiring content filters on public library computers was unconstitutional.

Question 15

Miller v. California (1973) ruled that community standards could not play a role in whether or not material was deemed obscene.

Question 16

a. Summarize the Child Online Protection Act (COPA) and the Children's Internet Protection Act (CIPA).
b. Discuss at least three differences between COPA and CIPA?
c. What impact would COPA have had on freedom of speech on the Internet? Why was COPA overturned by the courts?

Question 17

The oral arguments before the Supreme Court concerning the Communications Decency Act (CDA) focused extensively on determining the most appropriate analogy for cyberspace. Arguments were presented that compared the Internet to a library, to television, and to a public place such as a street corner or park.
a. Why are these comparisons important? Briefly explain the differences between libraries, television, and public places with respect to First Amendment protection.
b. For each of these three analogies (library, television, and public place), describe one significant way in which the Internet is similar and one significant way in which it is different. Explain the relevance of each of these similarities and differences to the issue of regulation of the Internet.

Question 18

In 2002, the U.S. Supreme Court struck down the ban on virtual child pornography. Explain two arguments in support of striking the ban. Explain two arguments against striking the ban.

Question 19

Explain how Google's experience in China relates to the issue of global censorship.

Question 20

MATCHING

-CDA

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content

Question 21

MATCHING

-CAN-SPAM Act

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content

Question 22

MATCHING

-spam

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content

Question 23

MATCHING

-CIPA

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content

Question 24

MATCHING

-COPA

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content

Question 25

MATCHING

-net neutrality

A) the first federal legislative attempt in the United States to censor Internet content (ruled unconstitutional)
B) a law which requires commercial mass e-mail messages to contain opt-out provisions and accurate subject lines
C) unsolicited mass email
D) a law which requires schools and libraries to install filtering software if they wish to receive federal funds (ruled constitutional)
E) a law which made it illegal for commercial Web sites to make available to minors material "harmful to minors" as judged by community standards (ruled unconstitutional)
F) would prevent telecommunications companies from giving preferential treatment to specific content providers or types of content