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31 Cards in this Set
- Front
- Back
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SOVEREIGN
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If the government is acting in its capacity as lawmaker, controlling private people using private property, it has the least power to regulate speech.
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EMPLOYER
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If the government is constraining only what its employees say -- whether on or off the job -- it has much more discretion.
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PROPRIETOR
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If the government is constraining what people say on its property -- for instance, on its computers -- it also has more discretion, though how much depends on the kind of property.
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K-12 EDUCATOR
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If the government is constraining what primary and secondary school students say at school, it has very broad discretion indeed, though not unlimited discretion.
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Two kinds of truths that the law might try to protect:
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1. truths about you that have revealed to the public, either by giving some information over to someone else, or by being observed in public; or
2. truths about you that you have kept private. |
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Address
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A unique identifier that belongs to it and it alone, so that messages can be routed correctly among the millions of machines that constitute the global network..
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TRADITIONAL PUBLIC FORA
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Places which have historically been more or less free speech zones, such as sidewalks and parks -- the government is held to the same tough standards that apply when it's acting as sovereign.
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NONPUBLIC FORA
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places which the government uses just for the performance of its functions, such as post offices, hospitals, and the like -- the government can impose any speech restrictions so long as they are *viewpoint-neutral* and *reasonable*.
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ONE-TO-ONE COMMUNICATIONS
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The government can probably restrict people from sending one-to-one communications -- for instance, direct e-mail -- to people who've already said that they don't want to hear from them.
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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In many states, one can sue a speaker for speech that intentionally inflicts emotional distress.
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Litigation
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involves lawyers, the adversary process, formal and public trials before a judge, and, typically, one party ending up the winner and the other the loser.
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Arbitration
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Does not use the courts. Rather the parties to the dispute *the ones in disagreement* pick one or more arbitrators and agree to abide by the arbitrator's ruling.
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Mediation
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A neutral third person is selected by the parties but the mediator does not make any rulings or decisions.
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Negotiation
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No neutral third person is used to assist the parties in reaching an agreement.
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Lumping it
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The most common of all dispute resolution techniques. Walking away from the dispute after deciding that it is simply not worth your time or money to pursue it further.
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ADR or alternative dispute resolution
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Generally focuses on arbitration and mediation, processes using neutral third parties to settle the dispute "out of court."
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Virtual Magistrate Project
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Offers arbitration for disputes involving (1) users of online systems, (2) those who claim to be harmed by wrongful messages, postings, or files and (3) system operators.
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Family Law Mediation project
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A particularly useful resource for persons involved in family disputes but who are live in different real world communities.
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Obscenity
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Defined as speech that describes or depicts (in words or pictures) sexual conduct in a manner that is patently offensive under contemporary community standards.
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Child pornography
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defined as speech that sexual conduct -- which might include sex, masturbation, and "lewd exhibition of genitals".
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GOVERNMENT OWNERSHIP OF THE COMPUTER ISN'T ENOUGH
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If a public university lets someone set up a moderated discussion list on its computer, and the moderator excludes certain messages, there's no state action, even though the list is on a public computer.
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ECPA
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Protects against unauthorized disclosure of the contents of private communications.
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NO IMPLIED LICENSE
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Someone sends a personal message to one other person. Reasonable people would generally not assume that the author is allowing the recipient to forward the message to others.
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USENET
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A cooperative that distributes messages in the form of discussion threads, on wide range of topics, to millions of people across the world.
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What do you need to do to get a copyright for something you´ve written?
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Your work is copyrighted THE MOMENT IT´S WRITTEN DOWN.
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What are the two basic limitations of copyrighting?
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1. Extremely short writings - for instance, several words or shorter - or extremely simple drawings are generally not copyrighted.
2. If you simply copy what someone else has done, without adding anything new of your own, your copy is generally not copyrighted. |
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Content-based restrictions are constitutional only if they are?
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1. "narrowly tailored" to a
2. "compelling government interest." |
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Content-neutral restrictions are constitutional as long as they are?
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* "narrowly tailored" to a
* "substantial government interest," and * "leave open ample alternative channels of communication." |
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Harassment
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has no well-defined meaning. Sometimes it's used to refer to persistent offensive or annoying communications.
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GOVERNMENT AS SPEAKER
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When the government is itself the speaker, government officials have virtually unlimited discretion in what the government says.
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Scholarship
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Say a university fires an untenured professor -- or refuses to give him tenure -- in part based on what he's written.
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