Fifth Amendment Research Paper

Argument Essay 2 nd Draft

Nicole Parrish Writing 122z Professor Karin Collison March 2, 2024 In the advancing era of the digital age, the internet stands as a beacon for freedom of expression, and most importantly, it displays the democratic values Americans have fought so hard to maintain—a platform where all different voices can have a safe space to express themselves. The internet has also contributed to different innovations and made communication a much easier and faster process than sending a letter or a telegram. However, as technology continues to advance, so do concerns about government regulation of online content and how to successfully manage the internet without restricting people. While it is arguable that increased government …show more content…
The Communications Decency Act of 1996 prohibited the exchange of indecent and patently offensive materials such as pornography with minors over the internet; however, 50 civil rights and computer groups challenged the constitutionality of this act on the first and fifth Amendment grounds, which would become known as Reno v. American Civil Liberties Union. The U.S. Supreme Court ruled in Reno v. American Civil Liberties Union that the CDA Act was too vague and violated the Fifth Amendment. The Supreme Court finished by saying that the “interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship” (Stevens & O'Connor, 2022). This case is so significant to understanding why the internet cannot be censored because, according to the free speech center, the Court established that “speech on the internet is entitled to the same high degree of First Amendment protection extended to the print media as opposed to the reduced level given to the broadcast media” (Khan, 2004). Therefore, by regulating the internet, democratic values would be at risk, potentially creating an opening for …show more content…
Take, for instance, Florida House Bill 1, which would prohibit children under the age of 16 from accessing social media platforms so they cannot engage in diverse topics where many young people feel more comfortable talking about their feelings. Unfortunately, by restricting the internet to these younger people, there could be negative consequences that, according to CNBC, could “result in restrictions on the kind of content most likely to be considered controversial in that state, such as resources for LGBTQ youth when such information isn’t considered age-appropriate or reproductive care in a state that has abortion restrictions” (Feiner, 2023). Not only does this bill infringe on freedom of speech, but it also has the ability to censor topics officials do not agree with. Younger people often rely on the internet to discuss their problems or to express themselves freely. Being stifled by their state laws or regulating online speech risks stifling this diversity by imposing uniform standards that prioritize certain perspectives over others; this could affect people emotionally by preventing them from having the discussions they need. While it is true government regulation does have its potential merits that could benefit society, these merits without a doubt underscore the larger effect of stifling the

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