The right to freedom of religion, speech, press and... Facebook??

Is your “Facebook Speech” protected as Freedom of Speech?

As social networks expand at increasingly high rates across the globe, online communities are becoming almost equivocal to real life communities.  Naturally, individuals in real life communities are to expect freely exercise and also be protected by their Constitutional

The sun never sets on a Facebook bully

 Bill of Rights; which includes their First Amendment right to freedom of speech.   Although this statement may be obvious when analyzing “real life” scenarios, the lines tend to be blurred when we enter our digital communities.  Since social networking sites such as Facebook act as a public forum for individuals to express their opinions and beliefs, one would expect they would receive the same rights as they would if they were doing the same in a real community.. right?  A recent ACLU case says yes, you have the right to exercise free speech even if it may initially come across as “cyber-bullying.”   However, would we treat it the same way if the speech were to be said in a similarly public forum like over the load speaker at our local shopping mall?

In a 2011 case (found here), a student was suspended for posting an angry comment about his biology teacher, stating that he was a “fat ass who should stop eating fast food, and is a douche bag.”  The school justified that it was “cyber bullying”, as well as disruptive behavior, and suspended the student.   This is the part when the ACLU stepped in, and challenged the school’s disciplinary actions with the claim that they were violating the student’s first amendment right to free speech.  Although it is not clearly stated in the article, one could conclude that the reasoning for the school’s initial response to the post was because it involved a school faculty member and being “cyber-bullied” by a student (a reasonable issue for their concern) and that it occurred in such a public manner that it could likely lead to disruption of the learning process (since students would likely talk about it at school). 

I think the best way to analyze this case is to try and translate it into an equivalent scenario that could happen in the real world; What if the student had gotten a megaphone and stood at town hall saying the same thing he had wrote on Facebook?  Then would it be a reasonable cause for discipline by the school? 

For this specific case, I believe it was clear that the student's speech was protected, due to the time, place, and manner standards that are often looked at when analyzing free speech.  Since the posting was created in the students home (not on school grounds) and the statements (although vicious) were a matter of opinion, the student’s
speech was protected.    Although it may have created some disruption in school, by the right of the First Amendment, the student should be allowed to express these thoughts outside of school.  And as for the cyber-bullying?   Well, the legal definition  of “cyber-bullying” (according to legaldefinition.us)  is “the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, that is intended to harm others.”  So, since the student did not repeat it, I’m not sure if I would deem it as a cyber-bullying attempt.

On the flip side of things, one could reason that the school (who did end up dropping the suspension) had the right to act in the best interest of keeping a healthy learning environment between students and faulty.  Although it is true that if the student went on his rant (as long as not threatening or defamatory) at a physical place that was off school grounds he would be protected, there is certainly a difference between that and Facebook.   The difference between posting something on Facebook and announcing something on a loudspeaker is the sheer permanence of the postings as well as the huge impact they can have.  A posting is accessible for the entire world (or at least your network) to see until you choose to delete it (which even then doesn’t guarantee it cant be found again).  The permanence of your interactions on Facebook often have a greater impact because of this, since it’s always available for people to read.  Also, postings are able to reach a considerably larger audience, causing them to have a greater impact due to the fact that you’re reaching a MUCH larger audience.  If I wanted to go and verbally bash my teacher over a megaphone, I might get my message across to a few people, but if I want to go and bash my teacher on Facebook, I’m going to get it across to at least 200 or more.  Suddenly my desire to express my opinion could end up being much more destructive than I thought.

A posting like this can very easily be taken as a threatening.

I also believe that the nature of this case, since it is in a school environment, slants my perspective on it slightly.  In a school setting, incidents like these belong being monitored carefully.  If they are not, it can very likely become disruptive to the learning process.  Many time children do not fully grasp just how much of an impact the click of their mouse can be, that every single photo and posting can eventually come back to haunt them.  Posting something lewd, vulgar, or threatening in the heat of the moment can eventually cause legal recourse to be taken, potentially ruining a students future in just a few strokes of a keyboard.  Cases like these, although debatable, are a good way to show youth that their virtual decisions do have an impact and can cause them to be in some potentially scary situations.

The ultimate conclusion I can draw in regards to Freedom of Speech on websites like Facebook, is that they need to be treated like any other freedom of speech issue.  If a false statement is made about an individual, people should be held liable for defamation; if a threatening statement is made, people should be held liable for harassment.  With that being said, individuals need to understand the forum that they are choosing to express their opinions and beliefs.  Although you may feel as though your Facebook is a private domain where you can say anything you’d like, the reality is that you are leaving a permanent and very public record of these thoughts.  Thus, a decision to post on Facebook that “Bob is a crack addict” can very quickly and easily turn into a defamation suit.   Facebook is NOT the same as ranting to a small group of friends, and the decisions you make on it can have REAL consequences.

Imported From ..Detroit?

Like the rest of 111 million Americans this past Sunday,  the Super Bowl was my choice of entertainment for the evening.  And, like the rest of the IMC majors at Ithaca College, the commercials were my ACTUAL choice of entertainment.  There certainly a few memorable ones (of course the VW Darth Vadar spot), and a few awkward ones (Doritos, anyone?) but my personal favorite was by far the Chrysler spot.  It literally made me wish I was from Detroit (which is like the last freaking thing I think I wouldve ever wished prior to seeing the commercial).  From the take-no-sh** voice of the narrator to the bold shots of the city,  it had more guts than any commercial I have seen yet.  More importantly, it reminded me that the automobile industry is still alive in America, and that it deserves support from our nation. It literally gives me goose bumps every time I watch it.  Even Eminems's appearance felt righteous to me, and i'm not even a fan of the guy.

So the ultimate question is: will it convince Americans that Chrysler knows how to create luxury cars?  Maybe not.  But will it inspire Americans to reconsider that Detroit and the American automobile industry is a stronger than we think it is?  Most deffinetley yes (in my opinion, of course).


Check it out here:

Pandora Radio – A Web 2.0 Company That Stimulates the Senses

Walk around almost any modern office and ask what websites people run on their computers during the workday and chances are a large amount will say “Pandora”.   Not to be mistaken for the mythological Greek artifact, Pandora is an Internet radio that provides users with an endless variety of musical stylings.  Fueled by a super-powered music/mathematical search engine AKA the Music Genome Project,  it creates an ultimately unique experience for each of its users.  As Pandora likes to say:  “It’s a new kind of radio- stations that play only music you like”. 

As almost anyone can tell you, Pandora is an online radio powered by the Music Genome Project, which uses a mathematical algorithm to classify the musical structure of a given song and classifies it into 5 Genomes (Pop/Rock, HipHop/Electronica, Jazz, World Music, and Classical).  Users enter a song or artists that they enjoy, and from there the genome is able to find similarities in algorithms of songs thusly matching a given song with similar ones.  In less complex words, Pandora gives you a random assortment of music it believes you would like, based off of what you already told them you like.

Each users Pandora is uniquely tapered to their own musical tastes, applying the “one to one” principal of the Web 2.0 plan.  Pandora treats its users as individuals, with separate tastes in music.  Upon log-in, your Pandora Radio immediately begins streaming music from each of your customized stations.  Thanks to the endless combinations and possibilities of stations that a user can have, it’s rightful to assume that no two Pandora radios are alike.   Users can also interact with the radio, telling it if they like or dislike the selection that Pandora made for them, furthermore tapering the station to the user’s tastes.  In theory, the final product that Pandora delivers is a completely customized radio station where users never have to hear a song that doesn’t fit their musical likings.  It is also conveniently accessible from the nearest computer or smart phone, making Pandora pretty freaking awesome. 

In terms of Pandora’s business model, they have adapted a mostly closed system.  Although users have some input on what they get from the site, it truly is Pandora and Pandora alone that has control.  They are the one who create and supply the database as well as the limitations on how and what users can listen to (which will be touched upon later in this blog). Thankfully, the restrains of this control are moderate, as the company has done an efficient job of creating a seemingly endless database of musicians and songs.   More often than not, if I want to create a radio station off of a specific artist or song, Pandora is able to locate the exact information that I’m looking for and deliver me with a satisfying end product. 

From a “Wiki-nomics” perspective, they have adapted the “peering” principle, by encouraging users to link their Pandora up with their facebook account, allowing users to see which artists their friends and family also enjoy.  They also have a principle of “openness”, as they put their users (moderately) in control of what they get out of their Pandora, and also allow for feedback on whether or not they are satisfied with the music that Pandora is supplying them with.

ISSUES WITH PANDORA

You choose, America:  iTunes or Pandora?

Many complaints about Pandora stem from the “unfortunate” reality that the web-radio abides by the countless legalities of the music copyright world.  I realize that may sound a little jest at first, but coming from a generation where “free” music is about as accessible as oxygen in the atmosphere Pandora sometimes tests my patience.  I can think back to a dozen times where I would be sitting at my past internship in Los Angeles, running my Pandora radio, when I would become desperate to hear a specific song.   Since Pandora respects the fact that music is licensed and should be paid for in some degree, you can’t search Pandora to hear a specific song.  So, in order to satisfy my musical cravings, I would have to pause my Pandora and search for the song on YouTube and hope the streaming version wasn’t some sketchy remix or boot-leg quality.  Although that process sounds relatively simple, it limits Pandora greatly. The inability to have greater control of what you’re listening to causes Pandora to take a back seat to websites like Grooveshark (a website where you can stream entire play lists of music) and YouTube.   Also, when the necessary hardware is accessible, the user quickly reverts back to the familiar home of their iTunes or iPod.  Additionally, due to Pandora’s licensing agreement, if your radio happens to deliver a batch of 5 songs that you hate, you may only skip 4 of them within the span of an hour.   This becomes painstaking when there are so many other web sites and software’s that can offer us the instant gratification that we all are so accustomed to.

Just an example of the lovely advertisements littered throughout Pandora

The true “Elephant in the Room” of Pandora, is the obvious consequence one must pay for free music:  ADVERTISEMENTS.  At any point between songs you can expect to be bombarded with a random commercial about anything from Tide laundry detergent to Hot Pockets.  Occasionally, your Pandora website will be infiltrated and your homepage transformed into a giant advertisement dedicated to one specific product.  In these cases, you can thank goodness that there’s a minimize button on the web browser, and hope to god that the annoying video commercial can stop playing on repeat over the top of your favorite John Mayer track.  Certainly, your iPod would never do such a terrible thing to you.

WHY IT WORKS

Pandora Radio now available in your car!

So, after all of these shortcomings, what makes Pandora so successful?  The fact that it’s free, easily accessible, and chooses the music for you.  When you find yourself in the most desolate of times (like in a cubicle from hell at your internship) you can always count on Pandora.  Even if a computer isn’t available, you can resort to your smart phone to stream the radio.  What can be more convenient than that?    Even better yet, Pandora has now decided to merge its technologies with automobile manufacturers so that you can access your Pandora from your car radio!  So yes, the advertisements may be annoying but it’s a nominal price to pay for having a personalized radio station at the touch of your fingertips. 

The convenience of Pandora certainly makes it awesome, but I believe that the true beauty of Pandora lies in the Music Genome Project.  The Music Genome Project makes it possible for users to hear endless varieties of music that they may have never explored before.  It’s a music player THAT DOES THE WORK FOR YOU.  No more spending hours trying to craft the perfect playlist or downloading songs.  Just “a radio station that only plays the music you like.”  If that isn’t accommodating, then I don’t know what is.

Overall I would say that Pandora’s business model is very successful.  Although it may not be a person’s #1 choice when they have access to their iPod, they manage to keep their users’ stimulated with every track.  Any improvements that I can think of would only degrade Pandora from the dignified free music supplier that they are (although it’d be nice to throw all the annoying licensing out the window).  Pandora proves that it’s a serious contender in the Web 2.0 world by this simple fact:  they have mastered how to supply a FREE product while keeping it legal and STILL making a profit.  Now lets see your iTunes do that!