Question 1

Messages whose primary purpose is to communicate information about a specific transaction are subject to the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act.

Accepted Answer

The CAN-SPAM Act primarily targets commercial messages or advertisements, not transactional or relationship messages that primarily aim to update a customer about an ongoing transaction or relationship.

Question 2

Over the years, a number of federal, state, and local laws have been found unconstitutional because they violated one of the tenets of the First amendment.

Accepted Answer

The First Amendment protects a number of rights, including freedom of speech, religion, assembly, and the press. Laws that infringe upon these rights have been found unconstitutional by courts at various levels.

Question 3

The right to freedom of expression is restricted when the expressions, whether spoken or written, are untrue and cause harm to another person.

Accepted Answer

This is the basic principle of defamation law that restricts false and harmful statements about others in the name of free expression.

Question 4

The Supreme Court has ruled that the Fifth Amendment protects the right to speak anonymously as part of the guarantee of free speech.

Accepted Answer

The Fifth Amendment primarily addresses the right against self-incrimination, while the right to speak anonymously is more closely related to the First Amendment, which protects free speech.

Question 5

A strategic lawsuit against public participation (SLAPP) is typically without merit.

Accepted Answer

SLAPP lawsuits are typically brought by powerful entities against individuals or organizations for exercising their free speech or engaging in public debate. The lawsuits are meant to intimidate or silence the defendants, rather than pursue a legitimate legal claim. Therefore, they are often without merit and aimed at chilling speech rather than seeking justice.

Question 6

Anonymous political expression played an important role in the early formation of the United States.

Accepted Answer

Anonymous political expression, such as writings published under pseudonyms like "Publius" (used by Alexander Hamilton, James Madison, and John Jay in their Federalist Papers), was prevalent during the American Revolution and early years of the United States. It allowed individuals to express their political opinions without fear of retribution from authorities.

Question 7

The Children's Internet Protection Act (CIPA) was an attempt to protect children from accessing pornography and other explicit material online.

Accepted Answer

The Children's Internet Protection Act (CIPA) was passed in 2000 by the United States Congress to protect children from accessing pornography and other explicit material online. It requires schools and libraries that receive federal funding for internet access to have internet filters in place.

Question 8

Free-speech advocates believe that purchasing adult pornographic material is illegal and wrong even for consenting adults.

Accepted Answer

Free-speech advocates generally believe in the right of consenting adults to purchase and consume adult pornographic material without legal repercussions. They argue that censoring or criminalizing such material infringes on the individual's right to freedom of expression and privacy.

Question 9

The Fifth Amendment protects American's rights to freedom of religion and freedom of expression.

Accepted Answer

The Fifth Amendment protects Americans' rights to due process, protection against self-incrimination, and protection against double jeopardy. It does not specifically address freedom of religion or freedom of expression, which are protected by the First Amendment.

Question 10

A U.S. citizen who posts material on the Web that is illegal in a foreign country cannot be prosecuted in that country.

Accepted Answer

While a U.S. citizen may not face prosecution in the foreign country, they may still face legal consequences such as extradition to that country or being denied entry in the future. It is important to be aware of and comply with the laws of the countries in which you post content online.

Question 11

Each violation of the provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in certain cases.

Accepted Answer

Each violation of CAN-SPAM can result in a fine of up to $250 for each unsolicited email, and fines can be tripled in certain cases.

Question 12

With URL filtering, a particular URL or domain name is identified as an objectionable site and the user is not allowed access to it.

Accepted Answer

URL filtering is a method of blocking access to specific websites or domains that are deemed inappropriate or harmful. When a user attempts to access a blocked URL or domain, the filtering system will prevent them from doing so.

Question 13

Anti-SLAPP laws can identify whether there are any merits to a lawsuit.

Accepted Answer

Anti-SLAPP laws allow a defendant to file a special motion to dismiss a lawsuit that infringes on their First Amendment rights to free speech or petitioning the government. In order for this motion to be granted, the court must determine if the plaintiff's case has any merit. This helps to prevent frivolous lawsuits designed to censor, intimidate, or silence individuals expressing their opinions or participating in the democratic process.

Question 14

Anonymity on the Internet is practically guaranteed.

Accepted Answer

While there are tools and methods to enhance privacy, complete anonymity on the Internet is difficult to achieve due to digital footprints, tracking technologies, and the potential for data breaches.

Question 15

With dynamic content filtering, each Web site's content is evaluated immediately before it is displayed, using techniques such as object analysis and image recognition.

Accepted Answer

Dynamic content filtering evaluates Web site content immediately before display, using techniques such as object analysis and image recognition.

Question 16

Typically, Internet service providers (ISPs) have the resources to prescreen online content.

Accepted Answer

ISPs generally do not prescreen online content due to the vast amount of information on the internet and concerns over censorship and freedom of expression.

Question 17

An oral defamatory statement is libel.

Accepted Answer

An oral defamatory statement is actually called slander, not libel. Libel refers to written or published defamatory statements.

Question 18

The goal of the Child Online Protection Act (COPA) was to protect children from harmful material on the World Wide Web, however, it was ruled unconstitutional.

Accepted Answer

The Child Online Protection Act (COPA) was ruled unconstitutional by the Supreme Court in 2004.

Question 19

In general, the closer an Internet service provider (ISP) is to a pure service provider than to a content provider, the more likely that the Section 230 immunity of the Communications Decency Act (CDA) will apply.

Accepted Answer

This is because ISPs that primarily provide access to the internet and do not curate or create content are seen as neutral intermediaries and are therefore more likely to qualify for Section 230 immunity. Conversely, ISPs that also provide content or curate their own content may lose their immunity if they act as publishers rather than neutral intermediaries.

Question 20

Internet filters cannot block users from accessing useful information.

Accepted Answer

Internet filters can sometimes over-block and prevent access to useful information, so it is not always true that they cannot block users from accessing useful information.

Quiz 5: Freedom of Expression