Responding to Extremist Speech Online
10 Frequently Asked Questions
The Questions
1. Why can't the government ban use of the Internet to spread hateful and racist ideology in the United States?
2. What kind of hate speech on the Internet is not protected by the First Amendment?
3. Has anyone ever been successfully prosecuted in the United States for sending racist threats via E-mail?
4. Has anyone ever been held liable in the United States for encouraging acts of violence on the World Wide Web?
5. Can hate crimes laws be used against hate on the Internet?
6. May commercial Internet Service Providers (ISPs) prevent the use of their services by extremists?
7. May universities prevent the use of their computer services for the promotion of extremist views?
8. How does the law in foreign countries differ from American law regarding hate on the Internet? Can an American citizen be subject to criminal charges abroad for sending or posting material that is illegal in other countries?
9. What are Internet "filters" and when is their use appropriate?
10. May public schools and public libraries install filters on computer equipment available for public use?
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As an organization dedicated to the eradication of bigotry in all its forms, the Anti-Defamation League has long been concerned about the propagation of racism, anti-Semitism and prejudice on the Internet. After all, this medium allows extremists easy access to a potential audience of millions. In numerous reports, the League has detailed the ways bigots are using the Internet to promote and recruit for their cause, communicate more easily and cheaply and reach new audiences -- particularly the young. As the tragic events in Littleton, Colorado recently showed, the Internet offers both propaganda and how-to manuals for those seeking to act out fantasies of intolerance and violence.

Practically and legally, combating online extremism is enormously difficult. The First Amendment's protection of free speech shields most extremist propaganda, and Internet Service Providers, the private companies that host most extremist sites, may freely choose whether to house these sites or not. When providers choose not to host hateful sites, these sites migrate easily to the computers of services without such restrictions. Furthermore, the size of the Web, which contains hundreds of millions of distinct pages, complicates efforts to identify extremist material. Hundreds if not thousands of Web pages, some of which are not listed by search engines, contain bomb-making formulas.

There are no simple answers. Yet, we as a society must find a way to respond to this daunting challenge. We need to recognize warning signs like the existence of the Web sites attributed to the Littleton suspects. Internet users need to let responsible authorities know about the threatening, hateful, and violent material they find. And the computer industry, educators, parents, civil rights groups, and government agencies must work together to develop new and creative approaches to the unprecedented challenges posed by online extremism.

This document answers 10 frequently asked questions regarding regulation of hate on the Internet.

 

 

 

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