Technology in recent years has advanced and given the way the internet has become part of our lives. It is not possible to cover and think about technology without thinking of its effects on human rights. The revolution in technology has extended to the way individuals make steps and advance ideas in what they believe in. Since 1996 when the Congress passed the Act of communication decency, the First Amendment has become a part of the cyber vocabulary. The advances in technology and the internet carry along with them opportunities that extend and protect the traditional concept regarding freedom of press and freedom of speech. They also take threats to these freedoms because the cases regarding the First Amendment freedoms were decided a long time ago when technological rise and advent of the internet had not been discovered. The paper aims at analyzing the impact of technology and the internet on the First Amendment.
Positive Effects
The increased use of computer databanks, information services, electronic messages and telephone options such as caller ID have raised a concern about the restriction to access to public information in the government’s database and privacy invasion ( Lipschultz, 2018) . These same technologies are also used to limit the government’s power in information control or even increase access to information. It is, therefore, necessary to note that with the changing technology there is a need to amend the old laws and also pass new rules and regulations that are flexible with the changing environment of technology. In an era of technical changes and abundance, the best protector of the First Amendment freedoms is the free contention of ideas.
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Technology has changed the landscape of free speech which includes the freedom of expression, freedom of religion, freedom of religion, protests, hate speech, and even school prayer positively and negatively. Technology and the internet have reduced the costs associated with the copying of information as well as its distribution making it easy for people to communicate with each other and send information across different locations geographically. With the internet especially there does not exist any geographical boundaries in communication ( Lipschultz, 2018) . New groups have been formed such as those meant to pass religious information. Through this, there has been increased freedom of public religious expression changing people’s lives in different ways.
In October 2017 during the week of public free speech, there was a movement to fight for the First amendment where American youths held events on free speech throughout the country ( Howell, 2016) . They passed their demand through social media and in effect communicating to people across the country who have the same mindset as theirs through tweets, memes and Facebook groups. In doing that they got to engage virtually about their ideologies and they inspired one another to take action of the ideas without meeting.
Technology has helped people by not limiting them to one type of communication which is mass media and therefore they can interact freely and respond to issue freely. People have also been able to change published information in platforms such as Wikipedia which can be helpful if well utilized. Reporters and journalists also use technology to express their views that are not published in their prints or even share their publications in an electronic version for those people that cannot access prints.
Internet and technology have enabled creativity and participation of people in cultural practices through freedom of expression ( Howell, 2016) . Also through the internet people worldwide participate in the forum meant to better their living where they have the freedom to preach and express themselves without control. Technology has enabled easiness in such acts hence do not affect the peoples’ rights and freedoms as indicated in the First Amendment.
Liberty and free speech have been enhanced positively through technology. Technology has become a game changer today as people can access information and also pass information freely to the intended target group. This, however, is possible only where there are gatekeepers who control those that get the information to avoid falling into the wrong hands. The internet has eliminated the notion of journalism people get news from anyone, and anyone can report news equally. This helps protect the citizens against harassment and violation of their rights because the news goes viral.
Negative Effects
Through the use of technology, freedom of speech has been limited in some cases. This is where information posted on social media has seen people being prosecuted and being punished while they just expressed themselves in social media platforms such as Facebook, Twitter or even Instagram ( Henry & Powell, 2015) . For example, in 2015 in Elonis in the United States, there was a case of a man who had been convicted due to a post on his Facebook account about killing his wife. Despite that the Supreme Court overturned the case, it is a fact that social media had limited his freedom of expression even if he had not committed the crime.
The internet has lacked proper discipline and management which is a risk to the innocent when it comes to differentiating what is wrong and right, true or false, what is dangerous or what is safe especially for the children, what is damaging such as hate speech or falsehoods that are injurious. It also inhibits privacy because when some information leaks through the internet, it is known all over the world. The damage associated with such an act is tremendous especially in hate speeches and falsehood ( Howell, 2016) . For example, politicians use social media to spread malicious information about other politicians to intimidate them limiting their freedom of expression and against hate speech. Most of the information about people that could only be known to us only get to be in the hands of other people or even the government through technology inhibiting a person’s privacy. For example, in a case in the U.S, the court asked for a GPS device to be installed in a criminal’s car in which all movements by the criminal were recorded.
Collection and retention of information through technologies such as GPS and surveillance cameras affect freedoms of speech, press, assembly, worshiping or religion, and even protests because a person who might believe that they are being followed or monitored before they engage in any activity tend to be very cautious. For an instant in schools that uphold particular religion alone and does not allow other students from practicing their religion be it in worship or prayer limits, the freedom of worship and such students can be even punished if seen on camera doing so. Equally, people tend to avoid participating in demonstrations despite being protected by the First Amendment ( Baer, 1992) . In Ukraine for example, in 2014 those people who participated in a presentation on pro-democracy in Kiev ended up receiving text messages indicating that they were registered as mass riot participants presuming that they were well known and no secret about them was not known.
In the United States, the rights against surveillance power have failed because with advanced technology responsible agencies have been able to improve their capabilities of surveillance directed towards people. This is also because the agencies such as the NSA have invested in physical infrastructure as well as in technology to collect and analyze information.
Through technology and internet, there is loss of freedom for individuals by the profit-driven organizations that make use of the internet to protect property rights in the information, intellectual products and ideas ( Yoo, 2002) . They use technology to rein on people diminishing peoples’ participation in the democracy of the consumer choices in the future to increase their profits.
Technology and the internet have also led to sexual expressions. While the First Amendment protects sexual expressions that are not within the constricted definition of obscenity by the courts, it has been seen that they have been posted on social media violating the protection by the First Amendment ( Henry & Powell, 2015) . The courts have not foreclosed laws meant to protect the minors from exposure of sex to materials and therefore if the laws do not delay the adults’ ability to release such information usually implicate the First Amendments concerns. The courts, however, have passed regulations regarding banning of indecent dissemination despite being not classified as obscene under the Miller test.
The law should be amended to accommodate new freedom which is the right to be forgotten. Activists who advocate for privacy suggested that this right should be included in which it would allow and see to it that information is unpublished especially the outdated, embarrassing and inaccurate information to avoid this information being attached to a person for the rest of their lives.
Just like in the 1960s when the Supreme Court had barred congressional committee from acquiring information from the NAACP about its membership so should the supreme courts come up with regulations regarding disclosure of in information through the internet or any other media ( Henry & Powell, 2015) . The Court had argued that revealing the information would mean freedoms of association and expression were violated.
The law should scrap off the regulations and acts that protect internet service providers from being sued due to the dissemination of information on adult contents such as pornography. It was noted that in the U.S in the 1990s the attempt of the Congress to ban sexually themed contents on the web viewed to be dangerous to the children failed. This is because the courts decided those laws were violating adults' rights. This is detrimental to the First Amendments because the children even view the contents.
Changes should be done on how people interpret the First Amendment so that anonymous expression through the internet should be restricted as well as curtailing of hate speech through media. Expressions that violate and offend other people or countries should be prevented from spreading by internet providers with strict rules put into place regarding this problem. Punishments should also be imposed to prevent such kind of violation of rights. Tolerance of extremist speeches or hate speech such as religious hatred incitement through the internet should be avoided ( Baer, 1992) .
The limitations to the internet that can be made in the twentieth century are such as, the limitation to changing of the information content by anyone. Changing of information is allowed in Wikipedia which is very risky and controversial in the case of missteps. It can lead to a violation of freedoms where protection is needed.
The limitation should also be done on sensitive information or on information that a party intends to keep private. With the internet, privacy has become a commodity that scarce and users have given it up to postings, commercial transactions and even private interests. It is therefore important to protect such users ( Baer, 1992) . For example, in the United States, a case resulted in the Supreme Court when Daniel Ellsberg in 1971 turned over pentago0n papers to the New York Times, and it was only discovered later that he might have posted them the papers on the internet by a First Amendment known as Floyd Abrams.
Introduction of gatekeepers in which information only reaches to the intended target group should be done. Gatekeepers prevent access to information by those supposed to do so. They would ensure contents such as sexuality from being accessed by children. The law should come up with regulations also to ensure internet has gatekeepers to limit internet use. The courts should ensure that social media companies disclose the persons who post malicious information through the use of pseudonyms to serve as evidence that it is a crime.
Conclusion
Technology and the internet have a great impact on the First Amendment. They affect the amendment positively and negatively. Technology reduces the cost of copying information and passing information to people in different locations. The internet especially seals all the gaps that exist between people in different geographical areas. It has enhanced the free sharing of information through platforms and even public religious expressions through social media platforms and televisions. Technology has provided people a variety of communication channels such as youtube, tweeter other than mass media enabling them to communicate freely and share ideas freely. Through technology and internet creativity and participation in cultural practices have taken place through freedom of expression.
Through the use of gatekeepers, privacy has been maintained ensuring that freedom of speech and liberty are enhanced with information reaching the right group of people. Also, freedom of expression and speech have been experienced by people through technology in which people post news on the latest happenings and also on cases that seem to violate peoples’ rights. Negatively technology has limited the freedom of speech especially in cases where a person’s post could lead to their conviction. It has violated the right of the innocent from hate speech and false information being posted against them in cases where people are allowed too much freedom when it comes to posting of information through the internet and technology.
Technologies such as surveillance cameras and GPS have limited the freedom of assembly, speech and even worship as people are afraid of the consequences associated with such acts. Profit-driven companies have taken advantage of the changes in technology and the internet to prohibit people from expressing their right to democracy when it comes to intellectual products consumption choices. They use the internet to protect intellectual ideas and property right in the information. Technology has also led to sexual expressions especially those not protected by the obscenity act. This has led to the implication of the First Amendment protecting sexual expressions.
Changes should be made to the internet in the twentieth century. These changes include prohibition from changing information on anyone, regulation on private information through the use of gatekeepers.
References
Baer, W. S. (1992). Technology's challenges to the First Amendment . Rand Corporation.
Henry, N., & Powell, A. (2015). Beyond the ‘sext’: Technology-facilitated sexual violence and harassment against adult women. Australian & New Zealand Journal of Criminology , 48 (1), 104-118.
Howell, S. (2016). A Hot and Cool First Amendment: Analyzing Speech Effects in a Shifting Media Environment. Calif. L. Rev. , 104 , 1259.
Lipschultz, J. (2018). Free expression in the age of the Internet: Social and legal boundaries . Routledge.
Yoo, C. S. (2002). The Rise and Demise of the Technology-Specific Approach to the First Amendment. Geo. LJ , 91 , 245.
