Freedom of Speech on the Internet

 

Valorie Williams

Community School District 5

New York, NY

 

 

Topic:

Does Internet filtering violate the First Amendment?

 

 

Background:

Students in class 5-206 were assigned a research project that focused on the effects of the World Trade Center disaster on the New York City economy.   They were given three websites to include as part of their research resources.  When they accessed the sites and tried linking to other sites for additional information, they were blocked.  They were unable to access the information on those sites because their system was filtered.  The students were frustrated and we stopped to discuss the reasons why the sites were filtered.  As the discussion progressed, I informed them that the public libraries were in litigation to fight filtering.  The American Civil Liberty Union (ACLU), on behalf of numerous public libraries, has filed suit challenging the Children's Internet Protection Act (CHIPA) on the basis of the first amendment. They are not challenging the development of an Internet safety policy.

 

Does the use of Internet filtering software in public libraries violate our first amendment rights?

 

 

Objectives:    

Students will be able to:

  1. Conduct a class opinion poll of the response to the question: Does the use of the Internet filtering software in public libraries violate our first amendment?  How do you the courts will rule in this case?

 

  1. Analyze a case that is currently in dispute in the courts and construct arguments to support both sides of the issue.

 

  1. Research information to support the arguments.

 

  1. Form cooperative groups and conduct a debate.

 

  1. Determine changes in opinions by reconducting the pole.

 

 

Materials:

Handout A

Handout B

Handout C

Handout D

 

Computer Internet Access

 

Software: AppleWorks, HyperStudio

 

Resources: Overview of the court cases:

American Civil Liberties Union

 http://www.aclu.org/court/multnomah.pdf

 

American Libraries Association: http://www.eff.org/Legal/Cases/ALA_v_US/20010320_ala_cipa_suit_pr.html

 

            Article: Free Speech in Cyberspace:

            http://www.nytimes.com/2002/04/17/opinion/_17WED1.html

 

            Article: Putting Up a Filter for the Kids

            Romano, Michael. NY Times, April 4, 2002, Editorial Desk

 

 

Time Required:

3 Class periods (45minutes each)

 

 

Procedures:

  1. Have students conduct a poll of the class to determine if they feel Internet filtering software use in public libraries will violate their first amendment rights?

 

  1. Ask students to read a brief synopsis of the Multnomah County Public Library et al. v. United States case and review the first amendment (Handout B)

 

  1. Students will break out into groups of 6. Assign three groups “pro position” and three groups “con position” for a debate.  Once in their groups, they will review the guidelines for conducting a debate, discuss the readings, and begin to organize and prepare arguments.  Students will develop clear, logical arguments based on the “Tinker Case (1969)” and the First Amendment.  They will use the.  Students will use the computer to access website resources to support their research and to record their ideas.

 

  1. Students will conduct a debate.

 

  1. Have students conduct the poll again to see if opinions have changed. Discuss how they think the court should rule in this case.  Include an opinion poll in the article asking students to complete the form and return it to the newspaper office for a count.

 

  1. Ask student to discuss their feelings following the debate concerning.  Did the debate cause them to change their minds? 

 

 

Performance Assessment:

Linguistic:

Ask students to write an article for the school newspaper explaining the upcoming court case Multnomah County Public Library et al. v. United States.

 

Logical/Mathematical:

Have students create a database on the computer using the statistics gathered from classroom polls and school student body polls.  Compare and chart the results.

 

Kinesthetic:

Have students interview the parents/guardians teachers and peers on their view of censorship in the library. 

 

Have students role play some of the testimony of the witnesses.

 

Spatial:

Have students create posters representing pro and con views on library censorship.

 

Intrapersonal:

Ask students to think about how they felt when they accessed a filtered site in the classroom.  Have them write down those reactions.

 

Interpersonal:

Have students break out into groups.