We know that electronic freedom of speech, whether in public or private systems, cannot be absolute. In face-to-face conversation and printed matter today, it is commonly agreed that freedom of speech does not cover the communications inherent in criminal conspiracy, fraud, libel, incitement to lawless action and copyright infringement … One answer to this question is the U.S. Supreme Court’s 1969 decision in Brandenburg v. Ohio. The court ruled that no speech should be subject to prior restraint or criminal prosecution unless it is intended to incite and is likely to cause imminent lawless action … As in traditional media, any online messages should not be the basis of criminal prosecution unless the Brandenburg standard is met.
Predictor: Kapor, Mitchell
Prediction, in context:In a 1991 article for Scientific American, Electronic Frontier Foundation co-founder Mitchell Kapor states: ”We know that electronic freedom of speech, whether in public or private systems, cannot be absolute. In face-to-face conversation and printed matter today, it is commonly agreed that freedom of speech does not cover the communications inherent in criminal conspiracy, fraud, libel, incitement to lawless action and copyright infringement. If there are to be limits on electronic freedom of speech, what precisely should those limits be? One answer to this question is the U.S. Supreme Court’s 1969 decision in Brandenburg v. Ohio. The court ruled that no speech should be subject to prior restraint or criminal prosecution unless it is intended to incite and is likely to cause imminent lawless action. In general, little speech or publication falls outside of the protections of the Brandenburg case, since most people are able to reflect before acting on a written or spoken suggestion. As in traditional media, any online messages should not be the basis of criminal prosecution unless the Brandenburg standard is met.”
Biography:Mitchell Kapor founded the Lotus Development Corporation and also founded the Electronic Frontier Foundation with WELL (Whole Earth ‘Lectronic Link) members John Perry Barlow and John Gilmore in 1990 in direct response to a threat to free speech. He was an outspoken supporter of open access to the Internet, and was asked to speak in many venues about the issue, including Congressional hearings. (Pioneer/Originator.)
Date of prediction: January 1, 1991
Topic of prediction: Controversial Issues
Subtopic: Censorship/Free Speech
Name of publication: Scientific American
Title, headline, chapter name: When Does Hacking Turn From An Exercise of Civil Liberties Into Crime?
Quote Type: Direct quote
Page number or URL of document at time of study:
http://www.eff.org/Publications/Mitch_Kapor/cyberliberties_kapor.article
This data was logged into the Elon/Pew Predictions Database by: Anderson, Janna Quitney