MIT 6.805/6.806/STS085: Ethics and Law on the Electronic Frontier

Class on Sept. 20
The Internet meets the US Constitution

Today's class will deal with the background for regulation of the Internet, as it relates to Constitutional law, particularly First Amendment jurisprudence relating to freedom of speech. We'll compare the legal basis for Internet regulation with that of other media, particularly broadcast radio, and then focus on the Communications Decency Act and the landmark Supreme Court decision in Reno v. ACLU.

Reading preparation for class

You should do the following reading before class, and be prepared to discuss it and answer questions on it in class:

• Study the Supreme Court decision in FCC v. Pacifica Foundation, 438 U.S. 726 (1978). You should be able to easily find lots of summaries on the Internet, as well as the opinion itself, for example, from Lexis or at sites such as findlaw.com/casecode. Make sure to read the actual opinion, not just the summaries.

  In this case, the Court upheld the power of the FCC to regulate indecent (as opposed to obscene) speech in broadcast media, thereby codifying into law the principle that material broadcast over radio or TV has narrower Constitutional protections than material written in books or newspapers. The rationale for this rests on the "pervasive presence" of the medium -- that it is difficult to avoid unintentionally running across objectionable broadcasts even in the privacy of one's own home -- and that the medium is "uniquely accessible to children." The question of whether material transmitted via the Internet is more like broadcasts or like books was central to the arguments over the constitutionality of the CDA.

• Read the following short summary of the Supreme Court ruling in Sable Communications of California, Inc.v. FCC, 492 U.S. 115 (1989). In this case, Court ruled here that a 1983 law banning dial-a-porn services was unconstitutional, on the grounds that it was overly broad. The opinion by Justice White lays out the famous "least restrictive means" test.

• Read the Supreme Court's decision in Reno v. ACLU, 521 U.S. 844 (1997).

Class preparation writing assignment, due September 16

1. Due Thursday, September 16, at 11PM: Write a brief of Reno v. ACLU You should follow the form for briefs as presented in class. Note that there is a dissent, unlike in Cubby.

   Remember that a brief is a brief outline. There's no reason to write a long essay here.

2. Due Sunday, September 19, at 11PM: Comment on someone else's brief. There's no need to do anything elaborate, just say whether the main points have been covered and summarized correctly.

Writing assignments should be turned in using the 6.805 Stellar site. Please see the directions for turning in assignments.

There will be no credit given for writing assignments that are turned in late.