About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

69 Fed. Comm. L.J. 145 (2017-2018)
Freedom of Speech, the War on Terror, and What's YouTube Got to Do with It: American Censorship during Times of Military Conflict

handle is hein.journals/fedcom69 and id is 163 raw text is: 




Freedom of Speech, The War on

Terror, and What's YouTube Got to Do

with it: American Censorship During

Times of Military Conflict


Melissa   J. Morgans   *


                      TABLE  OF CONTENTS

I.    INTRODUCTION                   ............................................ 147
II.   BACKGROUND                     ............................................ 149

     A.  There is a Growing Issue of Terrorist Speech on the Internet Due
         to the Viral Nature Internet-Based Speech. ......  ......... 149
     B.  The United States Government Has Historically Censored Speech
         During Times of War............................151

      C. Despite This Historical Precedent, the First Amendment Permits
         Censorship of Speech Only in Limited Circumstances. ...........155
III. TERRORIST SPEECH ON THE INTERNET SHOULD BE CENSORABLE  BY
     THE GOVERNMENT.......................................... 159

     A.  Censoring Terrorist Speech Today is Consistent with the
         Tradition ofRestrictions on Anti-Government Wartime
         Speech. ...................................... 159
     B.  Targeting Internet-Based Speech is Consistent with the Tradition
         ofRestrictions on Uniquely Invasive Media. .....    ........ 161
IV.  THE STOP TERRORIST ORGANIZATIONS FROM  PROMOTING INTERNET
     TRANSMISSIONS ACT COULD  PERMISSIBLY REGULATE TERRORIST
     SPEECH ONLINE.                   .................................. 164







   *   J.D., The George Washington University Law School, May 2017. Senior Articles
Editor, Federal Communications Law Journal, 2016-17. B.A., History and American Studies,
The University of Virginia, 2014. The author would like to extend her gratitude to everyone
who helped in the drafting and editing of this Note. She would like to dedicate this Note to her
grandfather, Dave Morgans, who gave her the invaluable gift of education.
                             - 145 -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most