Current Free Speech Doctrine: Will It Work On The Internet?

Current Free Speech Doctrine: Will It Work on the Internet?

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The Internet offers a much greater potential for interactive communication between information senders and receivers than the more traditional methods of communication such as newspaper, radio and television. Freedom of speech ascertained by the constitution is not an absolute right. Depending on the medium through which information is delivered various degrees of the freedom to express one's self is protected. Internet communication may be analogous to either a specific existing communication medium or even several. Current free speech protection begins to dissipate as it is applied to the uncertain confines of the newly developed Cyberspace. The traditionalist approach to free speech protection is centered on core values and yields results that are basically neutral so that content allowed through one communication medium is permissible in all media.

Freedom of speech and of the press is a basic tenant of United States constitutional law. Perhaps concern for the English use of prior restraint (licensing of press) and seditious libel was the reason for including the first amendment in our bill of rights. When the first amendment became law the printed page was the most widely used non-verbal medium of speech. Speech, as we understand it, involves more than verbal communication. Speecht includes pictures, movies, radio, television and expressive conduct [Shelton v. Tucker, 364 US 479 (1960)]. As technology...

Current Free Speech Doctrine: Will It Work On The Internet?

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