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Chapter 19

Chapter 19. Hate Speech & Repression: The Dark Side of the Web. Online Harassment. Substantial emotional distress More than rudeness, spamming. Email Spoofing. Fake email, using someone’s real email address Wastes victim’s time, damages reputation. Teenagers. Harass each other

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Chapter 19

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  1. Chapter 19 Hate Speech & Repression:The Dark Side of the Web

  2. Online Harassment • Substantial emotional distress • More than rudeness, spamming PgP BUSA331 Chapter 19

  3. Email Spoofing • Fake email, using someone’s real email address • Wastes victim’s time, damages reputation PgP BUSA331 Chapter 19

  4. Teenagers • Harass each other • Cyberbullying • Star Wars Kid • Ex friend’s photos PgP BUSA331 Chapter 19

  5. Teen Harassment Results • Professional counseling • Seeking justice with dubious use of laws • Suicide PgP BUSA331 Chapter 19

  6. Avoiding Harassment • Unfriend the person PgP BUSA331 Chapter 19

  7. Unintentional Harassment • Photos in public places posted to social network going viral • Photoshopping of these photos PgP BUSA331 Chapter 19

  8. Happy Slapping • Mobile phones to record physical assaults posted to internet • Teen agers in Europe began, now in US PgP BUSA331 Chapter 19

  9. Hate Speech on the Internet • Denigrates or attempts to inflame public opinion against certain groups of people • Protected by 1st Amendment • Hate sites proliferating, fringe elements given huge voice • Revisionist history • Not protected if specific individual is targeted-becomes threat or intimidation PgP BUSA331 Chapter 19

  10. Imminent Violence • Not Protected! • Anti-abortion web site targeted doctors, incited… • One doctor killed PgP BUSA331 Chapter 19

  11. Student Hate Web Sites • Public schools must not prohibit content or viewpoint-1st Amendment-but could restrict computers to academic use only • Private schools can prohibit speech, not government agent PgP BUSA331 Chapter 19

  12. Remedies to Hate Speech • Awards with huge $$ judgments • Filters? PgP BUSA331 Chapter 19

  13. Hate Speech in Foreign Jurisdictions • Most other countries prohibit and criminalize it • US will not extradite someone violating foreign law on this • French law prohibited Yahoo! from auctioning Nazi items • US courts would not defy French law, price of doing international business PgP BUSA331 Chapter 19

  14. Repression of Online Speech • Prior restraint by law is prohibited by 1st Amendment • Pentagon Papers, Daniel Ellsberg- publish it! • How to make an H-bomb PgP BUSA331 Chapter 19

  15. Wikileaks • Whistleblower site for anonymity • Cayman island bank injunction result in site shutdown, injunction removed after heavy criticism PgP BUSA331 Chapter 19

  16. Irate People • RateMyCop.com • William Sheehan’s gripe site against credit agency • Vermont divorce-husband disparaging fictional comments • CA realtors law restricting advertising struck down as arbitrary PgP BUSA331 Chapter 19

  17. Foreign Courts • Canadian court gag orders, but US reporter immune • South Korean bans North Korean university site PgP BUSA331 Chapter 19

  18. Web Speech Under Totalitarianism • Blocking and filtering used in 20 countries • Communist China • 40,000 human censors • Bloggers are a big concern • Self-discipline pact to stop harm to national security • Vietnam-internet cafes must inform on customers • Bahrain-web sites must register with government • Morocco-cannot disrespect the king, viewed broadly PgP BUSA331 Chapter 19

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