page_title: Freedom of speech in the United States
section_title: Internet speech, online forums
hierarchical_section_title: Freedom of speech in the United States / Internet speech, online forums
caption_attribution_description: English: A backlit laptop computer keyboard. Most fingers are on the "home" keys for touch-typing; the 'U' key is being pressed.
context_page_description: In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, only prevents government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government.
context_section_description: Internet access has changed the game in communication across the world and has opened new opportunities for Americans to express their First Amendment Rights. Internet speech takes place in a digital environment where both speakers and listeners can participate via computers, smart phones, and other electronic devices, being able to network and communicate with anyone at anytime. 
  Governments have offered many proposals to privately controlled online platforms for regulatory rules that can be enacted to ensure users First Amendment rights are upheld on the internet. If these regulations are infringed upon, the platform has the right to remove content that is copyright material or is offensive. Laws that regulate online harassment, defamation and so on face a delicate balancing act.  Most online content, as such, limits risk by suppressing adult speech as well.  They must be written narrowly to avoid encroaching on speech protected by the First Amendment while still restricting the undesirable conduct in practice.
  The ICCPR which inhibits international laws for human rights enforces a strict clause that ‘[a] ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.’ Discrimination and hate speech of any kind is not tolerated according to this clause and accounts for online forums. Even with laws in place monitoring online harassment, defamation and so on face a delicate balancing act. They must be written narrowly to avoid encroaching on speech protected by the First Amendment while still restricting the undesirable conduct in practice.
  In a 9–0 decision, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, a decision that struck down portions of the 1996 Communications Decency Act, a law that prohibited "indecent" online communication (that is, non-obscene material protected by the First Amendment). The court's decision extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet. Congress tried a second time to regulate the content of the Internet with the Child Online Protection Act (COPA). In 2002, the Court again ruled that any limitations on the internet were unconstitutional in American Civil Liberties Union v. Ashcroft.
  In United States v. American Library Association (2003), the Supreme Court ruled that Congress has the authority to require public schools and libraries receiving e-rate discounts to install content-control software as a condition of receiving federal funding. The justices said that any First Amendment concerns were addressed by the provisions in the Children's Internet Protection Act that permit adults to ask librarians to disable the filters or unblock individual sites.
  In Facebook v. Sullivan, a neo-Nazi turned a Charlottesville, V.A. rally deadly when running over an innocent bystander in the crowd of people, later taking to Facebook about his actions with pride. The social media platform took down his profile and any posts related to this incident that portrayed it in any other way besides tragic. Even though this platform is not bound by the First Amendment, the platform has regulations based on preserving free expression but also omitting harmful speech.
  Most online forums are censored by the governments as a means of media regulation in the U.S. Because internet networks are unfathomably large and accessible at one's fingertips, not every piece of online content can be watched and regulated. If governments suddenly impose censorship on previously uncensored information, people become accustomed to acquiring this information through methods of censorship evasion which is deemed unconstitutional and illegal. The more online censorship being enforced, more effort is being made by citizens at bypassing the firewalls, and in China round 18 million Internet users are using online tools to bypass the Great Firewall and access unblocked online content.
caption: "Think Before You Type"
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