Free Speech in Cyberspace :: Technology Internet Computer Essays

Free Speech in Cyberspace ABSTRACT: 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 Inter net in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible. Reno v. ACLU is the 1997 landmark decision by the U.S. Supreme Court providing sweeping free speech protection on the Internet. Understandably, commentators from legal and political spheres have discussed the case in terms of familiar First Amendment issues, including precedents from telecommunications law, the long-recognized exception to free speech for "obscenity," and concern for the exposure of children to inappropriate materials. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I will analyze their apparent awareness of ontological issues and problems with their approaches. I also will argue that their current ontological assumptions might have left open the door to future suppression of free speech as the technology progresses. How do ontological assumptions open the door to censorship? Zoning in the physical world has long been established as a way to segregate "adult" entertainment from minors, as with the creation of adult book store and entertainment zones. So far, at least, most of 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 either. 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 and thus impossible.