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First Amendment Hypothetical (LAW & ETHICS OF DIGITAL MEDIA) - Essay Example
Journalism & Communication
Pages 3 (753 words)
s Instructor Date First Amendment Hypothetical (Law & Ethics of Digital Media) There are a number of legal issues that are relevant in the case against Fred White and are bound to be dealt with in a trial. The first issue is the topic of free speech/freedom of expression and the boundaries that an individual has when exercising this right…
On the other hand, the prosecution will attempt to prove that the actions of Mr. White went past his rights in the first amendment due to the nature of the information that he dealt with and therefore he should be punished in accordance to the law. The other legal issue that may be faced in this trial has to do with the matter of jurisdiction. This is to say that whether the prosecution can prove in what jurisdiction was the alleged crime truly committed and whether the accused can be prosecuted according to the laws of that jurisdiction. This is because the said crime was committed over the internet (also known as cyberspace) and thus one may argue that the traditional laws that hold individuals in physical locations should not be applied to those involved in cyberspace as technically they are two different jurisdictions (Lessig, Post & Volokh).. This is because the internet has the ability to connect people all over the world thus one cannot truly say what section of people are truly affected by information that has been posted on to the world wide web. Another legal issue that may be encountered during this trial is the issue of incitement. ...
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