Beyond free speech: novel approaches to hate on the Internet in the United States

2009 ◽  
Vol 18 (2) ◽  
pp. 235-251 ◽  
Author(s):  
Jessica S. Henry
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
The Internet ◽  
Novel Approaches

Free Speech in the Balance: An Examination of Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme for its Bearing on Conflict of Laws, Global Free Speech, and the International Regulation of the Internet

Global Jurist ◽  
2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andrew J. Ziaja
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
The Internet ◽  
International Regulation ◽  
Conflict Of Laws ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Transnational Communication ◽  
Communication Calls

The global proliferation of the Internet, given the ease with which it permits transnational communication, calls into question the applicability of traditional territorial legal systems in governing its use. Conflict-of-laws instruments and the regulation of speech are two thorny areas of concern in this vein that interrelate in a 2006 case before the Ninth Circuit Court of Appeals in the United States, Yahoo! Inc. v. La Ligue Contre Le Racisme et L’Antisemitisme. Yahoo! offers an entry point, through its bearing on conflict-of-laws and freedom of speech jurisprudence, into examining the appropriateness of traditional legal schemes to the task of regulating Internet-enabled conduct. Focusing on the substantive issues in Yahoo!, this paper takes up the adequacy of traditional conflict-of-laws instruments as regards Internet-enabled conduct, possible alternatives to the use of conflict-of-laws instruments to regulate Internet-enabled conduct, the applicability and weight of the French law against the First Amendment in a United States court, and, finally, the possibility of developing a common core of global values regarding speech on the Internet.

scholarly journals Freedom of Thought in the United States: The First Amendment, Marketplaces of Ideas, and the Internet

2021 ◽  
pp. 1-34
Author(s):  
John Gregory Francis ◽  
Leslie Francis
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
Individual Autonomy ◽  
The Internet ◽  
Regulatory Policies ◽  
Commercial Activities ◽  
Wide Range ◽  
Freedom Of Thought

Abstract Freedom of thought is not directly protected as a right in the United States. Instead, US First Amendment law protects a range of rights that may allow thoughts to be expressed. Freedom of speech has been granted especially robust protection. US courts have extended this protection to a wide range of commercial activities judged to have expressive content. In protecting these rights, US jurisprudence frequently relies on the image of the marketplace of ideas as furthering the search for truth. This commercial image, however, has increasingly detached expressive rights from the understanding of freedom of thought as a critical forum for individual autonomy. Indeed, the commercialisation of US free speech doctrine has drawn criticism for “weaponising” free speech to attack disfavoured economic and regulatory policies and thus potentially affecting freedom of thought adversely. The Internet complicates this picture. This paper argues that the Supreme Court’s expansion of the First Amendment for the benefit of commercial actors lies in the problematic tension with the justification for individual freedom of thought resting in personal self-direction and identity.

How Ontology Saved Free Speech in Cyberspace

1998 ◽  
pp. 64-69
Author(s):  
Julie Van Camp
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
United States Supreme Court ◽  
The United States ◽  
Physical World ◽  
The Internet ◽  
United States Supreme ◽  
The Supreme Court

Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible.

Sex Differences in Mass Media Preferences Across Four Asian Countries

2011 ◽  
Vol 23 (4) ◽  
pp. 186-191 ◽  
Author(s):  
Malini Ratnasingam ◽  
Lee Ellis
Keyword(s):  
United States ◽  
Sex Differences ◽  
Mass Media ◽  
The United States ◽  
Female Students ◽  
The Internet ◽  
Evolutionary Explanation ◽  
Asian Countries ◽  
The World ◽  
Media Preferences

Background. Nearly all of the research on sex differences in mass media utilization has been based on samples from the United States and a few other Western countries. Aim. The present study examines sex differences in mass media utilization in four Asian countries (Japan, Malaysia, South Korea, and Singapore). Methods. College students self-reported the frequency with which they accessed the following five mass media outlets: television dramas, televised news and documentaries, music, newspapers and magazines, and the Internet. Results. Two significant sex differences were found when participants from the four countries were considered as a whole: Women watched television dramas more than did men; and in Japan, female students listened to music more than did their male counterparts. Limitations. A wider array of mass media outlets could have been explored. Conclusions. Findings were largely consistent with results from studies conducted elsewhere in the world, particularly regarding sex differences in television drama viewing. A neurohormonal evolutionary explanation is offered for the basic findings.

Bali 1928 Music Recordings and 1930s Films

2018 ◽  
pp. 348-372
Author(s):  
Edward Herbst
Keyword(s):  
United States ◽  
The United States ◽  
The Internet ◽  
Grass Roots ◽  
Emerging Media ◽  
Dominate Discourse ◽  
Music Recordings

Bali 1928 is a restoration and repatriation project involving the first published recordings of music in Bali and related film footage and photographs from the 1930s, and a collaboration with Indonesians in all facets of vision, planning, and implementation. Dialogic research among centenarian and younger performers, composers and indigenous scholars has repatriated their knowledge and memories, rekindled by long-lost aural and visual resources. The project has published a series of five CD and DVD volumes in Indonesia by STIKOM Bali and CDs in the United States by Arbiter Records, with dissemination through emerging media and the Internet, and grass-roots repatriation to the genealogical and cultural descendants of the 1928 and 1930s artists and organizations. Extensive research has overcome anonymity, so common with archival materials, which deprives descendants of their unique identities, local epistemologies, and techniques, marginalizing and homogenizing a diverse heritage so that entrenched hegemonies prevail and dominate discourse, authority, and power.

Sources of Information About Gestational Weight Gain, Diet, and Exercise Among Brazilian Immigrant Women Living in the United States: A Cross-Sectional Study

2021 ◽  
pp. 1-41
Author(s):  
Ana Cristina Lindsay ◽  
Qun Le ◽  
Denise Lima Nogueira ◽  
Márcia M. T. Machado ◽  
Mary L. Greaney
Keyword(s):  
United States ◽  
Weight Gain ◽  
Gestational Weight Gain ◽  
The United States ◽  
The Internet ◽  
Sources Of Information ◽  
Cross Sectional ◽  
Gestational Weight ◽  
Diet And Exercise ◽  
First Time

Abstract Objectives: The objective of this study was to assess sources of information about gestational weight gain (GWG), diet, and exercise among first-time pregnant Brazilian women in the United States (US). Design: Cross-sectional survey. Setting: Massachusetts, United States. Participants: First-time pregnant Brazilian women. Results: Eighty-six women, the majority of whom were immigrants (96.5%) classified as having low-acculturation levels (68%), participated in the study. Approximately two-thirds of respondents had sought information about GWG (72.1%), diet (79.1%), and exercise (74.4%) via the internet. Women classified as having low acculturation levels were more likely to seek information about GWG via the internet (OR = 7.55; 95% CI: 1.41, 40.26) than those with high acculturation levels after adjusting for age and receiving information about GWG from healthcare provider (doctor or midwife). Moreover, many respondents reported seeking information about GWG (67%), diet (71%), and exercise (52%) from family and friends. Women who self-identified as being overweight pre-pregnancy were less likely to seek information about diet (OR = 0.32; 95% CI: 0.11, 0.93) and exercise (OR = 0.33; 95% CI: 0.11, 0.96) from family and friends than those who self-identified being normal weight pre-pregnancy. Conclusions: This is the first study to assess sources of information about GWG, diet, and exercise among pregnant Brazilian immigrants in the US. Findings have implications for the design of interventions and suggest the potential of mHealth intervention as low-cost, easy access option for delivering culturally and linguistically tailored evidence-based information about GWG incorporating behavioral change practices to this growing immigrant group.

Identifying New Directions for African Studies: Methodology Report and Survey Results

2002 ◽  
Vol 30 (2) ◽  
pp. 76-88
Author(s):  
Larry W. Bowman ◽  
Diana T. Cohen
Keyword(s):  
United States ◽  
Graduate Students ◽  
The United States ◽  
African Studies ◽  
The Internet ◽  
Coverage Error ◽  
New Directions ◽  
Survey Results

The sample frame was constructed over several months through the combined efforts of three graduate students and Prof. Larry W. Bowman. Using the Internet whenever possible, and backed by the assistance of colleagues from many institutions, we constructed a sample frame of 1,793 U.S.-based Africanists. Our sample frame includes 46 percent more Africanists than the 1,229 individual U.S. members of the African Studies Association (ASA) in 2001 (1,112 individual members and 117 lifetime members). In all cases we allowed institutions to self-define who they considered their African studies faculty to be. By assembling this broad sample frame of African studies faculty, we probe more deeply into the national world of African studies than can be done even through a membership survey of our largest and most established national African studies organization. The sample frame for this study approximates a full enumeration of the Africanist population in the United States. Therefore, data collected from samples drawn from this frame can with some confidence be generalized to all Africanists in the United States, with minimal coverage error.

scholarly journals Comparison of Digital Copyright Protection on Over the Top (OTT) Streaming Content Media in Indonesia and the United States

2021 ◽  
Vol 8 (2) ◽  
pp. 183-212
Author(s):  
Agung Kurniawan Sihombing ◽  
Rika Ratna Permata ◽  
Tasya Safiranita Ramli
Keyword(s):  
United States ◽  
Copyright Protection ◽  
Technological Development ◽  
Secondary Data ◽  
The United States ◽  
The Internet ◽  
Digital Copyright ◽  
Physical Form ◽  
Digital Copyright Protection ◽  
Over The Top

In the rapid technological development, physical boundaries have begun to disappear. The internet has created a ‘free culture’. In addition, the era is challenging the copyright concept along with the emergence of ‘digital copyright’. It has become the main commodity of Over-the-Top services providing means of communication and entertainment through the internet. Content streaming service like Netflix uses films, as well as other cinematographic works, as its main commodities. OTT Streaming media helps to protect copyright holders' rights that previously have been violated by illegal streaming sites on the internet. Unfortunately, it also raises a new question: how digital copyright-objects can be protected in this kind of service. Without physical form, copyright object can be distributed easily on the internet, and it may lead to right violations. To answer this problem, the authors aim to describe the digital copyright protection on OTT Streaming Content Media in Indonesia and compare them to the 1998 Digital Millennium Copyright Act (DMCA) of the United States of America using a descriptive-analytical approach. This study employed a normative juridical approach with secondary data. The results of this study indicate that digital copyright protection in Indonesia is still centered on conventional copyright objects, and a sui generis law is needed to provide better protection for digital copyright objects.

scholarly journals Asia`s Role in Internet Governance

2009 ◽  
Vol 24 (2) ◽  
pp. 137-142
Author(s):  
Park Y. J.
Keyword(s):  
United States ◽  
Public Policy ◽  
Civil Society ◽  
Public Sector ◽  
The United States ◽  
The Internet ◽  
Internet Governance ◽  
The Public ◽  
Policy Negotiation ◽  
Global Public Policy

Most stakeholders from Asia have not actively participated in the global Internet governance debate. This debate has been shaped by the Internet Corporation for Assigned Names and Numbers(ICANN) since 198 and the UN Internet Governance Forum (IGF) since 2006. Neither ICANN nor IGF are well received as global public policy negotiation platforms by stakeholders in Asia, but more and more stakeholders in Europe and the United States take both platforms seriously. Stakeholders in Internet governance come from the private sector and civil society as well as the public sector.

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