Courtney+Sobocinski

"The keys to expression are at your fingertips"  Should peoples rights for what they post on the internet ever be limited?



I chose this topic to argue even though rights get violated, it may not be for the worse. Cyber bullying is a major problem in America and I hope to reveal to my readers that the outcome of bullying is not a positive effect when the free speech amendment relates to the #|Internet and when rights are unlimited.

What are some advantages and diadvantages to the United States Contitution's right to Freedom of Speech?
 * Advantages || Disadvantages ||
 * This right allows you to express your opinion by saying whatever you want || There are limits, you cannot give verbal threats ||
 * You can voice religious beliefs || Cyber bullying. Just because a statement is not defined as a “threat” it can still offend people ||
 * Publicity. Such as campaigns || People can electronically argue and be mean back at you without you being able to do anything. Reverse psychology ||
 * It is a way to release anger anonymously ||  ||

**Court Cases Used:** Sean O’Brien created a webpage slandering his band teacher Raymond Walczuk. School administration took initiative and suspended O’brien for ten days causing him to fail band, and received reduced grades in his other classes. O’Brien sued the school board, and was granted a temporary restraining order, $30,000 from school officials and letters from each apologizing.
 * O’Brien v. Westlake City School Board of Education **

"Censorship Internet Speech."//Censorship Internet Speech//.N.p., n.d. Web. 27 Nov. 2012.

A student created a personal web site with vulgar language also containing a link to his school’s website. Another student saw the site and showed it to the principle. The creator got suspended for ten days because of what he wrote on his web page, the student then sued claiming his First Amendment rights were violated. The judge ruled that school officials cannot punish a student for any content on a personal website or homepage unless it causes conflict at school.
 * Beussink v. Woodland **

"First Amendment Schools: The Five Freedoms - Court Case." //First// //Amendment Schools: The Five Freedoms - Court Case//. First Amendment Center, n.d. Web. 27 Nov. 2012.

This case involves a high school student claiming that her free speech rights were violated due to administrators not letting her run for student council because she called them “douche bags” on her personal blog, and also not allowing her to wear a T-shirt supporting her in the student council election. Where the school administrators entitled to qualified immunity on these claims?
 * Doninger v. Niehoff **

Walden, Emily Gold. "Redirect to ABA Home Page." //Redirect to ABA Home Page.// American Bar Association, 25 Apr. 2011. Web. 27 Nov. 2012.

Conclusion

I must admit, going into this paper I thought I knew a lot. How hard could it be? It’s just a topic about expressing your right to free speech online as it pertains to the United States Constitution. However, that was not the case and that actually changed rather quickly when I read the first case. I had no idea there was so much involved with cyber speech, all the rules, limits, and precautions. I definitely had an opinion of my own which may have been altered because of what I read. I thought as long as Internet users didn’t write things that were “too offensive” or “too threatening” then that’s okay. But, now I see it as the fact that we are American. We are given rights the day we are born. And among those rights is the freedom of speech. Whether you chose to use that right verbally or electronically, that is your right, and no one has the power to take that away from you.

Works Cited:

A. Joseph. Internet Harassment Laws. November 17, 2012. wiseGEEK. Web. December 10, 2012.

Behnken, Matt. “Should Internet community sites allow complete freedom of speech or should content be regulated for inappropriate material?”. Helium. December 10, 2010. Web. December 11, 2012.

Eissens, Ronald. "Hate Speech on the Internet Should Be Regulated." Hate on the Net: Virtual Nursery for In Real Life Crime. Amsterdam, The Netherlands: International Network Against Cyber Hate (INACH), 2004. Rpt. in Civil Liberties. Ed. Auriana Ojeda. San Diego: Greenhaven Press, 2004. Opposing Viewpoints. Gale Opposing Viewpoints In Context. Web. 11 Dec. 2012.

"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools. First Amendment Center, n.d.Web. 27 Nov. 2012.

Gajewski, Karen Ann. "Microsoft, Google, and Yahoo have signed a pact promising better protection for online free speech." The Humanist Jan.-Feb. 2009: 48. Gale Opposing Viewpoints In Context. Web. 28 Nov. 2012.

"Off Campus Internet Speech.". Freedom Forum. N.p., n.d. Web. 27 Nov. 2012.

Stacey, Diane. “Should Internet community sites allow complete freedom of speech or should content be regulated for inappropriate material?”. Helium. September 02, 2007. Web. December 11, 2012.

“U.S. Constitution Online”. January 24, 2012. U.S. Constitution. Web. December 10, 2012.

Walden, Emily Gold. "Doninger v. Niehoff.". American Bar Association, 25 Apr. 2011. Web. 27 Nov. 2012.