Freedom of speech, cyberspace, harassment law, and the Clinton administration.

Part of a special section on the Constitution under President Bill Clinton. The writer presents four cyberspace speech conflicts that involve what he maintains is the most interesting modern body of speech restrictions: hostile environment harassment law. In most of the controversies, the result...

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Bibliographic Details
Published in:Law & Contemporary Problems Vol. 63; no. 1/2; pp. 299 - 336
Main Author: Volokh, Eugene
Format: Article
Published: Duke University Winter/Spring2000
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Online Access:View this record in EBSCOhost
Description
Summary:Part of a special section on the Constitution under President Bill Clinton. The writer presents four cyberspace speech conflicts that involve what he maintains is the most interesting modern body of speech restrictions: hostile environment harassment law. In most of the controversies, the result should mainly be driven not by the medium but by the relatively medium-independent underpinning free speech principles. The Clinton administration's role has been more as a consumer of the existing law rather than as a creator of new law. Each of the controversial events shows that there is much truth in the maligned maxim of a slippery slope—speech restrictions accrete over time, with each victory laying the groundwork for future, broader restrictions. The four conflicts are described under the following headlines: the hidden communication decency act; the hidden campus speech code; hostile public accommodations environment law; and harassment by library Internet access.