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First Amendment

UIC School of Law

UIC John Marshall Journal of Information Technology & Privacy Law

Journal

1996

Articles 1 - 3 of 3

Full-Text Articles in Law

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie Jan 1996

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie

UIC John Marshall Journal of Information Technology & Privacy Law

Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …


The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman Jan 1996

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …


Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman Jan 1996

Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …